STATE OF NORTH DAKOTA

Department of Public Instruction600 E Boulevard Ave., Dept. 201

Bismarck, ND 58505-0440

Request for Proposal

Adult Education – Adult Basic Education (ABE)

RFP 201-8001-1201-163

Date of Issue: December 13, 2016

Offerors are not required to return this form.

Procurement Officer Heather Kitzan

TABLE OF CONTENTS

SECTION ONE - Introduction and Instructions1.00 Purpose of the RFP1.01 Contact Person, Telephone, Fax, E-mail1.02 RFP Schedule1.03 Return Mailing Address and Deadline for Receipt of Proposals1.04 Assistance to Offerors with a Disability1.05 Deadline for Receipt of Questions and Objections1.06 Pre-Proposal Conference1.07 Approved Vendor Registration Requirements1.08 Amendments to the RFP1.09 News Releases1.10 Notice Provided1.11 Letter of Interest

SECTION TWO - Background Information2.00 Background Information2.01 Budget

SECTION THREE - Scope of Work3.00 Overview3.01 Eligible Applicants3.02 Program Assurances3.03 Payment of Grant Funds3.04 Federal and State Requirements

SECTION FOUR - General Contract Information4.01 Contract Term, Extension and Renewal Options4.02 Contract Type4.03 Standard Contract Provisions4.04 Proposal as a Part of the Contract4.05 Additional Terms and Conditions4.06 Supplemental Terms and Conditions 4.07 Contract Approval4.08 Contract Changes – Unanticipated Amendments4.09 Indemnification and Insurance Requirements4.10 Taxes and Taxpayer Tax Identification4.11 F.O.B. Point and Freight4.12 Proposed Payment Procedures4.13 Contract Funding 4.14 Payment Terms4.15 Contract Personnel4.16 Right to Inspect Place of Business4.17 Inspection & Modification - Reimbursement for Unacceptable Deliverables4.18 Termination for Default4.19 Open Records Laws - Confidentiality4.20 Work Product, Equipment, and Material4.21 Independent Entity 4.22 Assignment4.23 Disputes - Applicable Law and Venue4.24 Informal Debriefing

SECTION FIVE - Evaluation Criteria and Contractor Selection5.00 RFP Requirements and Scoring Guide

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SECTION SIX - Proposal Format and Content6.00 Proposal Format and Content6.01 Introduction6.02 Application Form6.03 Required Enclosures6.04 Cost Proposal

SECTION SEVEN - Standard Proposal Information7.00 Authorized Signature7.01 State Not Responsible for Preparation Costs 7.02 Conflict of Interest7.03 Offeror’s Certification7.04 Offer Held Firm7.05 Amendments to Proposals and Withdrawal of Proposals7.06 Alternate Proposals7.07 Subcontractors7.08 Joint Ventures7.09 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Laws7.10 Evaluation of Proposal7.11 Right of Rejection7.12 Clarification of Offers7.13 Discussion and Best and Final Offers7.14 Preference Laws7.15 Contract Negotiation7.16 Failure to Negotiate7.17 Notice of Intent to Award – Offeror Notification of Selection7.18 Protest and Appeal

SECTION EIGHT – APPENDICES

1.Cover Page2.Program Assurances3.Debarment4.Request For Waiver To Increase Administrative Costs5.Consortium

6.Attachments required for Community-Based Organizations, Faith-Based Organizations, Volunteer Literacy Organizations, and Public or Private Nonprofit Agencies

7.Integrated Education & Training Components8.Definitions9.North Dakota Regional Map10.Budget Application Form11.Budget Categories Defined12.ND Performance Measures13.WIOA Related References14.Scoring Criteria15.Sample MOU template16.Sample Contract17.Before You Submit Your RFP…

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SECTION ONE - INTRODUCTION AND INSTRUCTIONS

1.00 Purpose of the RFPThe North Dakota Department of Public Instruction, Adult Education office, hereafter known as “STATE” is soliciting proposals for free local programs of adult education and literacy services, including workplace literacy services, family literacy services, and English literacy and civics education programs. Participation in these programs is limited to adults and out-of-school youth age 16 and older.

1.01 Contact Person, Telephone, Fax, E-mailThe procurement officer is the point of contact for this RFP. All vendor communications regarding this RFP must be directed to the procurement officer. Unauthorized contact regarding the RFP with other State employees of the STATE may result in the vendor being disqualified, and the vendor may also be suspended or disbarred from the state bidders list.

PROCUREMENT OFFICER: Heather KitzanPHONE: 701-328-2615 FAX: 701-328-2461TTY Users call: 7-1-1 E-MAIL: healkitzan@nd.gov

1.02 RFP ScheduleThis RFP Schedule represents the STATE’s best estimate of the schedule that will be followed for this RFP. The approximate RFP Schedule is as follows:

Date ActivityDecember 13, 2016 RFP Bidder’s Conference (Bismarck)December 21, 2016 Questions for RFP due by 12:00 p.m.December 23, 2016 3:00 p.m. CST

Letter of Intent due to NDDPI

February 1, 2017 3:00 p.m. CST

Applications due to NDDPI

February 2017 NDDPI procurement completes applicant pre-screening; Governor’s Workforce Development Council subcommittee reviews/scores applications; NDDPI receives/reviews award recommendations; confirms with State Superintendent; press release prepared

March 1, 2017 Announcement of awardsMarch 8, 2017 Protest period endsMarch 15, 2017 Awarded programs return acceptance letter to NDDPIApril – May 2017 Budgets are finalized and awarded (timeline contingent upon federal and

state release of funds)May - June 2017 Training / OrientationJuly 1, 2017 Program/fiscal year 17 begins

1.03 Return Mailing Address and Deadline for Receipt of ProposalsOfferors must submit ONE (1) SIGNED COPY of its proposal in a sealed envelope or package AND Offerors must also submit an electronic copy of their proposal on a flash drive.

Envelopes or packages containing the proposal and flash drive must be clearly addressed as described below to ensure proper delivery and to avoid being opened by the STATE before the deadline for receipt. Envelopes or packages must be addressed as follows:

Department of Public InstructionATTN: Heather Kitzan

RFP 201-8001-1201-163600 E Blvd. Ave., Dept. 201

Bismarck, ND 58505

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Proposals must be received by STATE at the location specified no later than the date specified in the RFP Schedule. Proposals will not be publicly read at the opening.

Proposals may not be delivered orally, by facsimile transmission, by other telecommunication or electronic means. Offerors may fax or electronically transmit signed proposals to a third party who must deliver the proposal to the location indicated above by the date and time designated as the deadline for receipt of proposals.

Offerors assume the risk of the method of dispatch chosen. The State of North Dakota (“STATE”) assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual proposal receipt by the STATE. An Offeror’s failure to submit its proposal prior to the deadline will cause the proposal to be rejected. Late proposals will not be opened or accepted for evaluation.

1.04 Assistance to Offerors with a DisabilityOfferors with a disability that need an accommodation should contact the procurement officer prior to the deadline for receipt of proposals so that reasonable accommodations can be made.

1.05 Deadline for Receipt of Questions and ObjectionsOfferors must carefully review this solicitation and all attachments for defects, questionable, or objectionable material. All questions must be in writing and directed to the STATE, addressed to the procurement officer, and cite the subject RFP number. The procurement officer must receive these written requests by the deadline specified in the RFP Schedule to allow issuance of any necessary amendments. If no deadline is specified, questions or objections must be received at least 7 days prior to solicitation closing. Protests based on the content of the solicitation will be disallowed if these faults have not been brought to the attention of the procurement officer, in writing, before the time indicated in the RFP Schedule.

If the question may be answered by directing the questioner to a specific section of the RFP, then the procurement officer may answer the question over the telephone. Other questions may be more complex and may require a written amendment to the RFP. The procurement officer will make this determination. Oral communications are considered unofficial and non-binding on the STATE. The Offeror must confirm telephone conversations in writing.

1.06 Pre-Proposal ConferenceA pre-proposal conference will be held at the State Capitol, Brynhild Haugland Room in Bismarck, North Dakota, starting at 8:30 AM CT December 14, 2016. The purpose of the conference is to discuss the work to be performed with the prospective organizations and allow potential offerors to ask questions concerning the RFP. Questions and answers will be transcribed and sent as an amendment after pre-proposal conference as soon as possible after the meeting.

Attendance at this pre-proposal conference is highly recommended. Offerors with a disability needing accommodations should contact the procurement officer. All participants are responsible for their own travel expenses.

1.07 Approved Vendor Registration RequirementsAPPROVED VENDOR REQUIREMENT WAIVED Proposals will be accepted from vendors that are not currently approved vendors on the State’s bidders list. The successful Offeror will not be required to register as an approved vendor; however, the vendor will be required to complete a vendor application to receive payment and provide a W-9, if a 1099 reportable service is being provided.

For information about vendor registration, visit the State Procurement Office Vendor Registry website at: http://www.nd.gov/spo/vendor/registry/ or call 701-328-2683 or infospo@nd.gov .

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1.08 Amendments to the RFPIf an amendment to this RFP is issued, it will be provided to all Offerors who were notified of the RFP and to those that have requested a copy of the RFP from the procurement officer. Amendments will also be posted to the State Procurement Website at www.nd.gov/spo and the Department of Public Instruction’s website at www.nd.gov/dpi

1.09 News ReleasesNews releases related to this RFP will not be made without prior approval of the procurement officer or project manager designated by the STATE.

1.10 Notice ProvidedNotice of this solicitation has been provided in accordance with N.D.C.C. § 54-44.4-09.

1.11 Letter of InterestA Letter of Intent to apply is required by interested applicants and due no later than Friday, December 23, 2016 by 3:00 pm and must be submitted to:

Heather Kitzan, DPI Procurement OfficerND Department of Public InstructionState Capitol, Dept. 201600 East Boulevard AvenueBismarck, ND 58505

Or

Can be emailed to Heather Kitzan at healkitzan@nd.gov .

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SECTION TWO - BACKGROUND INFORMATION

2.00 Background Information The North Dakota Department of Public Instruction (NDDPI), Adult Education unit, operates under the Workforce Innovation & Opportunities Act (WIOA) and North Dakota Century Code (NDCC 15.1-26) in receiving and allocating federal and state funds for the implementation of free adult education services to eligible individuals age 16 and older. Such services shall include: adult education and literacy [§463.30]; workplace preparation [§463.34]; English language acquisition [§463.31]; Integrated English Literacy / Civics Education [§463.33]; and, Integrated Education and Training [§463.35].

New WIOA regulations require a Request for Proposal (RFP) process to appropriate funds effective July 1, 2017 for the 2017 -2018 program year. Funds will be allocated for multi-year (three year) grants for Adult Basic Education (ABE), Corrections Education (CE) and Integrated English Literacy / Civics Education (IEL/CE) to develop, implement, and improve adult education and literacy across the State. Per federal law, NDDPI must offer an RFP process for each of the three funding sources. WIOA regulates the process NDDPI, as the ‘eligible agency’, must follow in awarding grants to eligible providers [§463.20]. In the event there is a change in federal law, a reduction in state or federal allocations, the continuation of funding is not guaranteed. This RFP is for the funding of Adult Education (ABE) (Sec. 231).

The purpose of adult education is to create partnerships between the federal government, states, and localities to provide, on a voluntary basis, adult education and literacy programs and services in order to:1. Assist adults to become literate and obtain the knowledge and skills necessary for employment and

self-sufficiency.2. Assist adults in attaining a high school equivalency / diploma, and prepare for the transition to post-

secondary education and training through career pathways.3. Assist English Language Learners in improving their reading, writing, speaking and comprehension

skills in English, mathematic skills, and acquiring an understanding of the American system of government and the responsibilities of citizenship.

4. Assist adults to become engaged parents, strong employees, and contribute towards an educated and competitive workforce, which has benefits to all state citizens.

2.01 Budget (WIOA Section 233(a)(1)(2))Note: as of the RFP issue date, federal and state budgets have yet to be released; estimates are used which are subject to change.

Using the Budget Application Form (APPENDICES 10), identify proposed budget allotments. It is not necessary to use all budget categories. Budget Form must match the scope of the program outlined in the abstract section of the application. Refer to APPENDICES 11 for specific budget descriptions.

ESTIMATED ANNUAL BUDGETS:ABE *

Region 1 $220,000.Region 2 $430,000.Region 3 $400,000.Region 4 $320,000.Region 5 $630,000.Region 6 $240,000.Region 7 $470,000.Region 8 $240,000.

* Refer to regional map in APPENDICES 9

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SECTION THREE - SCOPE OF WORK

3.0 OverviewThe Adult Education Grant will be awarded to eight (8) regional providers (one per ND region; refer to APPENDICES 9) who will be responsible to manage regional services and secondary site programs. This scope of services is aimed at regional centralized administration and decentralized services to maximize funds and coordinate program objectives. The Corrections Education (CE) RFP will be awarded to one (1) provider to coordinate statewide services. The Integrated English Literacy / Civics Education (IEL/CE) RFP will be awarded to one (1) of the eight regional providers. These are separate RFPs issued by the State.

The Department of Public Instruction, office of Adult Education is soliciting proposals from eligible providers to submit proposals for eight (8) regional adult learning centers, with secondary centers within each region. (See attached regional map, APPENDICES 9 North Dakota Regional Map).

3.01 Eligible ApplicantsUnder WIOA §463.20, the STATE is required to award competitive multiyear (three year) grants or contracts to eligible providers within North Dakota to enable eligible providers to develop, implement and improve adult education and literacy activities within the state (North Dakota). These grants or contracts require that each eligible provider receiving a grant or contract use the funding to establish or operate programs that provide adult education and literacy activities, including programs that provide such activities concurrently.

Per WIOA [§463.23], an “eligible provider” is defined having demonstrated effectiveness in providing adult education and literacy activities and is eligible to apply for a grant or contract. These organizations may include, but are not limited to:

1. A local educational agency;2. A community-based organization or faith-based organization;3. A volunteer literacy organization;4. An institution of higher education; 5. A public or private nonprofit agency; 6. A library;7. A public housing authority;8. A nonprofit institution that is not described in any of paragraphs (a) through (g) in

§463.23, and has the ability to provide adult education and literacy activities to eligible individuals;

9. A consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any of paragraphs.

10. Partnership between an employer and an entity described in any of paragraphs (a) through (i) in §463.23.

The STATE must establish within its grant or contract competition, a process that provides for the submission of all applications for funds under AEFLA to the appropriate Local Board. (North Dakota’s Local Board consists of the Governor’s Workforce Development Council subcommittee.)

1. This process must include:a. Submission of proposals to the appropriate Local Board for its review for consistency

with the local plan within the appropriate timeframe; and b. An opportunity for the local board to make recommendations to the STATE to

promote alignment with the local plan.

2. The STATE must consider the results of the review by the Local Board in determining the extent to which the application addresses the required considerations in §463.20.

3.02 Program Assurances

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This section is to be reviewed by the Chief Administrative Officer, Business Manager and Regional Adult Learning Center Director of the applicant’s organization. The Program Assurances found in APPENDICES 2 includes the required signatures to be submitted with the application. Those applications lacking the name and signatures of the appropriate officials will be considered incomplete and removed from competition.

The applicant hereby certifies to the North Dakota State Superintendent of Public Instruction that:

A. Any funds received under this grant will not be used to supplant non-federal funds normally provided for services of the same type, and the applicant will make provisions for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for federal funds.

B. The grantee assures that funds will only be expended on eligible activities outlined in the RFP application.

C. The grantee will offer instruction in collaboration with other organizations/agencies serving those individuals most in need.

D. The grantee assures that no person 16 years of age or older, or an individual with a barrier to employment will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from adult education.

E. The grantee assures that no qualified person 16 years of age or older with a documented disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from state funds.

F. The grantee will comply with all civil rights regulations prohibiting discrimination in program benefits, participation, employment, or treatment on the basis of race, gender, color, national origin, sex, and disability.

G. The grantee will operate in compliance with all federal/state rules, regulations, and state guidelines, maintaining effective control over, and accountability for all grant funds, property, and other assets or, if that is not feasible, will transfer title to NDDPI. Grantees shall adequately safeguard all property and assets and shall assure that they are used solely for authorized adult education purposes.

H. The grantee will annually submit a program compliance audit conducted by an independent source validating control of cash flow and data collected during the fiscal year July 1 through June 30.

I. The grantee will submit an appropriately amended application prior to any material change greater than 10% affecting the purpose, administration, organization, budget, or operation of an approved program.

J. The grantee assures the filing of this application has been authorized by the governing body of the applicant. A signed copy of this grant and supporting documentation will be maintained for a period of seven years, three years on site and four years available.

K. The grantee will give the grantor agency or the US Comptroller General, through any authorized representative, access to all records or documents related to the grant, including the submission of reports as may be required.

L. The grantee will comply with the requirements of the Family Educational Rights and Privacy Act of 1974.

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M. The grantee assures that funds will be used only for financial obligations incurred during the grant period.

N. The grantee will provide coordination with core partner programs and others to maximize the opportunities for education and employment through collaborative programs, activities, funding and services.

O. The grantee will assure that no expenditure of program funds will be made for any activity of service related to sectarian instruction or religious worship.

P. The grantee will prepare reports, containing such information as the State Superintendent of Public Instruction may reasonably require, to determine the extent to which funds have been effective in carrying out state and federal purposes and program objectives.

Q. The grantee assures that the program will:1. utilize qualified administrative personnel in a full time capacity dedicated to regional adult

education services and coordination.2. be responsible for determining secondary programs, supervision of data and services.3. provide year-round instruction as feasible.4. provide adequate ADA and 504 accessible facilities, equipment, and materials, meeting adult

learners’ needs.

R. The grantee assures that the requirements for demonstrated competencies of speaking, listening, reading, writing, computation (arithmetic), skills in civics education, digital and financial literacy skills, and career/occupational skills development will be priorities of the program offerings to students.

S. All grant recipients will be required to use the College and Career Readiness standards for Adult Education in tandem with the K-12 Standards of instruction and English Language Proficiency (ELP) standards for Adult Education.

T. The grantee assures participation in all State sponsored professional development and training.

U. The grantee assures development of a regional advisory board with community representatives for the intent of networking, advancement of student outcomes, policy and practice as it relates to advancing regional needs and goals. The board shall meet no less than quarterly.

V. The grantee assures that federal and state required program data (including student SSN) will be collected and entered into the student data management system LACES. Social Security numbers are used solely for data match with the ND SLDS partners for the purpose of annual required federal reporting.

W. The grantee assures that requests for reimbursement with supporting expenditure documentation and appropriate agency signatures will be submitted at least quarterly to the NDDPI.

X. The grantee assures that receipts and expenditures of all funds associated with adult education will be documented, accounted for, and available for review as required by the NDDPI for the purpose of monitoring.

Y. The grantee assures that any fees collected from adult education students are used within the program year to provide additional adult education and literacy services that it would otherwise be unable to provide and that the collection of fees and tuition are documented. Program income from tuition and fees must be reported to NDDPI annually.

Z. The NDDPI can, with 30-day notice, end any program for student data or fiscal improprieties, insufficient performance of instruction or other WIOA requirements, and GED incident errors. A probationary period may be granted to correct the discrepancy at the sole discretion of NDDPI.

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3.03 Payment of Grant FundsAll awarded AEFLA funding will be allocated on a reimbursement basis following the submission of a formal reimbursement request at least quarterly using the NDDPI request for funds process and form. All awarded funds must be expended and accounted for by June 30 of the fiscal year the funds are awarded.

Documentation supporting reimbursement requests must be maintained by the program for a period of seven years; three years on site and four years available following the completion of the grant time period, or per sponsoring agency, whichever is of longer duration.

3.04 Federal and State RequirementsFor the purpose of this RFP, proposal or subsequent grant, all WIOA and AEFLA guidelines and regulations are applicable; and NDCC 15.1-26 is applicable.

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SECTION FOUR GENERAL CONTRACT INFORMATION

4.01 Contract Term, Extension and Renewal Options The State intends to enter into a contract with an effective date beginning July 1, 2017 and ending June 30, 2020.

a. Extension Option STATE reserves the right to extend the Contract for an additional period of time, not to exceed 12 months, beyond the current termination date of the Contract.

4.02 Contract TypeThis contract is a Firm Fixed contract.

PAYMENT OF GRANT FUNDSAll awarded AEFLA (Adult Education and Family Literacy Act) funding will be allocated on a reimbursement basis following the submission of a formal reimbursement request at least quarterly using the NDDPI request for funds process and form. All awarded funds must be expended and accounted for by June 30 of the fiscal year the funds are awarded. Documentation supporting reimbursement requests must be maintained by the program for a period of seven years; three years on site and four years available following the completion of the grant time period, or per sponsoring agency, whichever is of longer duration.

4.03 Standard Contract ProvisionsThe successful offeror will be required to sign and submit the contract attached to this RFP (Appendix A). The contractor must comply with the contract provisions set out in this attachment. Any objections to the contract provisions must be set out in the offeror’s proposal. No alteration of these provisions will be permitted without prior written approval from the purchasing agency.

Offerors are instructed to contact the procurement officer in writing by the deadline set for questions with any concerns regarding the contract provisions.

4.04 Proposal as a Part of the ContractPart or all of this RFP and the successful proposal may be incorporated into the contract.

4.05 Additional Terms and ConditionsThe State reserves the right to add, delete, or modify terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations.

4.06 Supplemental Terms and ConditionsProposals including supplemental terms and conditions will be accepted, but supplemental conditions that conflict with those contained in this RFP or that diminish the State's right's under any contract resulting from the RFP will be considered null and void. The State is not responsible for identifying conflicting supplemental terms and conditions before issuing a contract award. After award of contract:

(a) if conflict arises between a supplemental term or condition included in the proposal and a term or condition of the RFP, the term or condition of the RFP will prevail; and

(b) if the State's rights would be diminished as a result of application of a supplemental term or condition included in the proposal, the supplemental term or condition will be considered null and void.

4.07 Contract ApprovalThis RFP does not, by itself, obligate the State. The State's obligation will commence when the purchasing agency approves the contract. Upon written notice to the contractor, the State may set a different starting date for the contract. The State will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the State.

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4.08 Contract Changes - Unanticipated AmendmentsDuring the course of this contract, the contractor may be required to perform additional work. That work will be within the general scope of the initial contract. When additional work is required, the project manager designated by the State will provide the contractor a written description of the additional work and request the contractor to submit a firm time schedule for accomplishing the additional work and a firm price for the additional work. Cost and pricing data must be provided to justify the cost of amendments.

The contractor will not commence additional work until the project director has secured any required State approvals necessary for the amendment and issued a written contract amendment, approved by the purchasing agency.

4.09 Indemnification and Insurance RequirementsOfferors must review the attached Contract (Attachment 1) indemnification and insurance requirements. The indemnification and insurance provisions will be incorporated into the final contract.

Objections to any of the provisions of the Indemnification and Insurance Requirements must be made in writing to the attention of the procurement officer by the time and date set for receipt of questions. No alteration of these provisions will be permitted without prior written approval from the purchasing agency in consultation with the North Dakota Risk Management Division.

Upon receipt of the Notice of Intent to Award, the successful offeror must obtain the required insurance coverage and provide the procurement officer with proof of coverage prior to contract approval. The coverage must be satisfactory to the purchasing agency, in consultation with the North Dakota Risk Management Division. An offeror’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

4.10 Taxes and Taxpayer IdentificationThe contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The State is not responsible for and will not pay local, state, or federal taxes. The State sales tax exemption number is E-2001, and certificates will be furnished upon request by the purchasing agency.

A contractor performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on material and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit its website at www.nd.gov/tax/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit its web site for more information

4.11 F.O.B. Point and FreightAll commodities purchased through this contract will be Free on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery costs to any location within the State of North Dakota. Title will pass to the State at destination, and the vendor will be responsible for any freight claims.

4.12 Proposed Payment ProceduresThe State will make payments based on a negotiated payment schedule. Each billing must consist of an invoice and progress report. No payment will be made until the progress report and the project director

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has approved invoice.The State will not make any advanced payments before performance by the contractor under this contract.

4.13 Contract FundingApproval or continuation of a contract resulting from this solicitation is contingent upon continuing appropriation. The contract may be terminated by the state or modified by agreement of both parties in the event funding from federal, state, or other sources is not obtained and continued at sufficient levels.

4.14 Payment TermsNo payment will be made until the purchasing agency approves the contract.

Payment for commodities and services received under contracts will normally be made within 30 calendar days after receipt and acceptance by the purchasing agency or after receipt of a correct invoice, whichever is later. Payment inquiries must be directed to the purchasing agency.

Prompt Payment Discount Terms offered by the contractor may be taken by the purchasing agency if payment is made within the specified terms.

4.15 Contract PersonnelThe project manager designated by the purchasing agency must approve any change of the contractor’s project team members named in the proposal, in advance and in writing. Personnel changes that are not approved by the State may be grounds for the State to terminate the contract.

4.16 Right to Inspect Place of BusinessAt reasonable times, the State may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the State makes an inspection, the contractor must provide reasonable assistance.

4.17 Inspection & Modification - Reimbursement for Unacceptable DeliverablesThe contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the project manager designated by the State. The State may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. Should the project manager determine that corrections or modifications are necessary in order to accomplish its intent, the project manager may direct the contractor to make changes. The contractor will not unreasonably withhold changes.

Substantial failure of the contractor to perform the contract may cause the State to terminate the contract. In this event, the State may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

4.18 Termination for DefaultIf the project manager designated by the purchasing agency determines that the contractor has refused to perform the work or has failed to perform the work with diligence as to ensure its timely and accurate completion, the State may, by providing written notice to the contractor, terminate the contractor’s right to proceed with part or all or the remaining work.

This clause does not restrict the State’s right to termination under the contract provisions of the Service Contract, attached.

4.19 Open Records Laws - ConfidentialityAny records that are obtained or generated by the contractor under this contract are subject to North Dakota open records law regarding public records and handling of confidential information.

4.20 Work Product, Equipment, and MaterialAll work product, equipment or materials created or purchased under this contract belong to the State and

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must be delivered to State at State’s request upon termination of this contract, unless otherwise agreed in writing by the purchasing agency.

4.21 Independent EntityThe contractor is an independent entity under this contract and is not a State employee for any purpose. The contractor retains sole and absolute discretion in the manner and means of carrying out the contractor’s activities and responsibilities under the contract, except to the extent specified in the contract.

4.22 AssignmentContractor may not assign or otherwise transfer or delegate any right or duty without the State’s express written consent. However, the contractor may enter into subcontracts provided that the subcontract acknowledges the binding nature of this contract and incorporates this contract, including any attachments.

4.23 Disputes - Applicable Law and VenueAny dispute arising out of this agreement will be resolved under the laws of the State of North Dakota.

4.24 Informal DebriefingWhen the contract is completed, an informal debriefing may be performed at the discretion of the procurement officer or project manager designated by the State. If performed, the scope of the debriefing will be limited to the work performed by the contractor. The debriefing time and location will be negotiated between the purchasing agency and contractor.

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SECTION FIVE EVALUATION CRITERIA AND SCORING GUIDELINES

5.00 RFP Requirements and Scoring GuideA] ABSTRACT (limit one page; 0-10 points)Describe how the funds awarded under WIOA Title II will be spent consistent with the requirements of the Title. Describe the broad scope and specific intent of the program and how the applicant will be responsive to the economic service area’s needs identified in the State Plan. (WIOA Section 231(e)(1); Section 222(1); ND State Plan).

The abstract is an “executive summary” of the proposed program. The abstract should reflect why the grant is needed, the goals and objectives, the general purpose of the program and the expected outcomes. Describe how the funds awarded under WIOA Title II will be spent consistent with the requirements of the Title.

0-3 Abstract is poorly written and reflects on none of the key elements.4-7 Abstract is adequately written and reflects on most of the key elements.8-10 Abstract is written exceptionally well and reflects on all of the key elements.

B] REGIONAL NEEDS ASSESSMENT AND SERVING INDIVIDUALS MOST IN NEED (limit two pages; 0-30 points)Describe how the applicant will be responsive to serving individuals in the region who are identified most in need of adult education including a) those who have low levels of literacy skills or those who are English Language Learners (definitions found in APPENDICES 8); and b) describe how the applicant will provide services to individuals with disabilities, including individuals with learning disabilities. Provide information to demonstrate an understanding of regional demographics, labor market information, unemployment data, current and future employer needs, high school graduation rates, and postsecondary enrollment. (WIOA Section 231(e)(1)(B) and Section 231(e)(2)).

Applicants should serve individuals in the region most in need of services, including ESL, individuals with low income, and/or individuals who have minimal skills. The application should identify how they will meet the educational needs of individuals with disabilities including individuals with learning disabilities. Describe the scope and specific intent of the program and how the program will be responsive to the economic service area’s needs identified in the State Plan. If the program is part of a consortium of eligible providers, identify the responsibilities and respective funding for each provider.

0-7 Applicant fails to identify plan to meet educational needs and scope and specific intent of the program.

8-15 Applicant either partially identifies plan to meet education needs or poorly describes scope and specific intent of the program.

16-22 Applicant adequately describes plan to meet educational needs and describes scope and specific intent of the program.

22-30 Applicant gives an exemplary plan to meet educational needs while also describing scope and specific intent of the program.

C] DEMONSTRATED EFFECTIVENESS (limit two pages; 0-50 points)Describe the applicant’s past effectiveness in improving the literacy skills of adults, especially with respect to adults with the lowest levels of literacy. For agencies that previously have had an AEFLA grant award, describe how well performance measures were met or exceeded and the degree to which those improvements contributed to NDDPI meeting its performance for the primary indicators described in §677.155. A minimum of two years of data must be cited demonstrating effectiveness in improving literacy skills with the lowest levels of literacy – reading, writing, mathematics and English language acquisition. In addition, information must be provided regarding outcomes related to employment, attainment of a

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secondary diploma or recognized equivalent and transition to post-secondary education and training. (WIOA Section 231(e)(3); WIOA Section 116(b)(2)(A)(i); ND Performance Indicators found in APPENDICES 12).

For applicants not previously funded, provide: 1) two years of data on past effectiveness in serving basic skills deficient eligible individuals, 2) include evidence of success in achieving outcomes including domains of reading, writing, mathematics, English language acquisition, employment, attainment of secondary diploma or recognized equivalent and transition to post-secondary or training.

Each applicant, regardless of previous funding, shall explain how the program will assist students in making progress toward their goals. (WIOA Section 231(e)(3) and WIOA Section 116(b) (2)(A)(i)).

Goal: Increase number of ND GED credentials achievedStrategy to achieve goal

Specific activities that will be implemented to achieve goal

Goal: Increase number of students who engage in post-secondary education and training activities leading to credential, certificate or employmentStrategy to achieve goal

Specific activities that will be implemented to achieve goal

In this section the applicant must describe the degree to which the program will establish measurable goals for participant outcomes. Applicants need to include data that shows how they have been effective in serving their identified population in the past two years. Describe how the applicant will provide services to meet the State’s performance measures (Refer to APPENDICES 12). For agencies that previously had a grant award, identify how well performance measures were met or exceeded using at least two years of data demonstrating effectiveness in improving literacy skills with the lowest levels of literacy – reading, writing, mathematics and English language acquisition. In addition, information must be provided regarding outcomes related to employment, attainment of a secondary diploma or recognized equivalent and transition to postsecondary education and training.

For applicants not previously funded provide two years of data on past effectiveness in serving basic skills deficient adult learners and evidence of success in achieving outcomes including domains of reading, writing, mathematics, English language acquisition, employment, attainment of secondary diploma or recognized equivalent and transition to post-secondary or training.

One of the principles of effectiveness is that program activities must be based on an established set of performance measures/strategies. There should be a direct correlation between the program, the College and Career Readiness and academic achievement standards. How will the program assist students in making progress toward those standards? The program must meet an established set of performance

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measures aimed at ensuring the availability of high-quality academic opportunities; and feasible, scientifically-based state and local student academic achievement standards. Goals, objectives, and outcomes to be achieved by the proposed program should be clearly specified, measurable, and related to the cohorts of students served to assist them in meeting with academic and career/employment outcomes.

0-10 Effectiveness of program is not demonstrated.11-20 Effectiveness of program is poorly demonstrated and only some of key elements are

analyzed.21-30 Effectiveness of program is loosely demonstrated and all key elements are listed.31-40 Effectiveness of program is adequately demonstrated with a detailed

description/identification of all key elements.41-50 Effectiveness of program is thoroughly demonstrated with a complex

description/identification of all key elements.

D] LOCAL PLAN AND ONE-STOP ALIGNMENT (limit one page; 0-15 points)Describe how the applicant demonstrates alignment between proposed activities and services and the strategies and goals of the State Plan as well as the activity and services of the one-stop partners. Describe how the facility intends to improve learning, increase accessibility, enhance outreach and collaboration with local and regional economic development or employment initiatives. (WIOA Section 231(e)(4); WIOA Section 108; ND State Plan).

North Dakota is a “single state” meaning that the State Workforce Development Board serves as the local board. Describe how the applicant demonstrates alignment between proposed activities and services and the strategies and goals of the State Plan as well as the activity and services of regional partners. Applicants should be able to describe what they are doing to partner in serving common or potential common students.

0-5 Alignment and partner plan are described in a limited manner.6-10 Alignment and partner plan are adequately described.11-15 Alignment and partner plan are analyzed and thoroughly explained.

E] INTENSITY AND QUALITY OF INSTRUCTIONAL PRACTICES AND SERVICES (limit two pages; 0-30 points)Describe how the applicant’s program is of sufficient intensity and quality of services based on the most rigorous research available for students to achieve substantial learning gains. Describe the instructional practices that will be utilized to assure student’s instructional level gains including the essential components of reading instruction. Describe the factors considered in developing the instructional schedule maximizing opportunities for learners to attend and demonstrate progress. (WIOA Section 231(e)(5)).

The applicant should provide evidence that the proposed program is of sufficient intensity and duration for students to achieve substantial measurable skill gains (formerly referred to as Educational Functioning Levels, or EFL). Describe the applicant’s quality of services based on the most rigorous research available to students to achieve substantial learning gains, with focus on the essential component of reading instruction. Describe how the program will offer flexible schedules, and coordinate support services to enable learners, including individuals with disabilities or other special needs, to achieve learning goals.

0-7 No evidence to show sufficient practice/program intensity or description of quality services provided

8-15 Limited evidence showing sufficient practices and quality service.

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16-22 Sufficient practice/program evidence along with a description of service quality.22-30 Evidence of sufficient practice/program intensity and a thorough description of service quality

is presented.

F] INTENSITY AND SCOPE OF REGIONAL SERVICES (limit two pages; 0-50 points)Define the applicant’s regional assessment of proposed secondary programs, and how regional administration services will be centralized and regional instructional services decentralized and delivered to ensure regional coverage according to student/employer need. Describe data collection and evaluation processes. Describe how the regional program will offer flexible schedules, secondary programs and coordinate support services to enable learners, including individuals with disabilities or other special needs, to achieve learning goals. (WIOA Section 231(e)(5)).

What quality assurances will be in place to provide support, technical assistance and recruiting? Provide information as to the applicant’s goals to provide regional services; describe centralized administration and decentralized services by way of multiple sites, secondary programs and other innovative ways to reach students in diverse methods.

0-10 Intensity and scope of regional services are not defined/described.11-20 Intensity and scope of regional services are vaguely defined/described and written in a non-

comprehensive manner.21-30 Intensity and scope of regional services are loosely defined/described and written in a

comprehensive manner.31-40 Intensity and scope of regional services are adequately defined/described and well written.41-50 Intensity and scope of regional services are thoroughly defined/described and written

exceptionally well.

G] EFFECTIVE RESEARCH-BASED EDUCATIONAL PRACTICES (limit two pages; 0-30 points)Provide evidence that the applicant’s activities including practices in reading, writing, mathematics and English language acquisition instruction are based on a solid foundation of research and best practices derived from the most rigorous research available and appropriate, including scientifically valid research and effective educational practices. (WIOA Section231(e) (5)(b)(6)).

Did applicant provide a succinct description of the design of the program proposed, why it is appropriate to meet the stated objectives, and how it will build on the organization’s existing programs. Was applicant able to describe program curriculum and how it will incorporate balance of academic and real-life career contexts; and what variety for special learning needs, including minimal literacy skills (ABE 0-4.9 and ELL 0-3) and learning disabilities; how skills and knowledge needed to transition successfully to post-secondary or employment be incorporated into instruction. Did applicant illustrate how writing, reading and mathematics instruction is built on a strong foundation of evidenced or research-based practices and effective educational practices that are effective for adult learners. Did applicant specify curriculum resources.

0-7 Applicant fails to provide evidence of effective research-based educational practices.8-15 Applicant partially and poorly provides evidence of effective research-based practices.16-22 Applicant adequately provides evidence of effective research-based practices.22-30 Applicant thoroughly provides evidence of effective research-based practices.

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H] USE AND DELIVERY OF TECHNOLOGY INSTRUCTION (limit one page; 0-15 points)Describe how the applicant’s activities effectively use technology, services and delivery systems, in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved student performance. Describe how the applicant’ activities effectively teach students the skills associated with the use of technology enabling the learner to find, evaluate, organize, create and communicate information. (WIOA Section 231(e)(7)).

Did applicant describe how the program activities effectively use technology, services and delivery systems in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved student performance. Was it adequately described how the activities effectively teach students the skills associated with the use of technology enabling the learner to find, evaluate, organize, create and communicate information.

0-5 Description does not address how technology increases efficiency of the program or how technology instruction enables the learner.

6-10 Description adequately addresses how technology increases efficiency of the program and how technology instruction enables the learner.

11-15 Description thoroughly addresses how technology increases efficiency of the program and how technology instruction enables the learner.

I] INTEGRATED EDUCATION AND TRAINING; CAREER PATHWAYS (limit two pages; 0-50 points)Describe the applicant’s activities to provide adult education activities in an integrated education and training (IET) service pattern so students acquire the skills necessary to transition to and complete post-secondary education and training programs, obtain and advance in employment leading to economic self-sufficiency and to exercise their rights and responsibilities of citizenship. See APPENDICES 7 for more information. Describe applicant’s coordination with other regional education, training and social service resources (i.e., post-secondary institutions, One-Stop centers, job training programs, business and industry, community-based organizations, nonprofit organizations and others for the development of career pathways. (WIOA Section 231(e) (8)(10); Section 203 (11)).

Did the applicant describe activities to provide adult education in an integrated education and training service pattern so students acquire the skills necessary to transition to and complete post-secondary education and training programs, obtain and advance in employment leading to economic self-sufficiency and to exercise their rights and responsibilities of citizenship. Were all three required components specified. Applications must describe how they coordinate with regional education, training and social service resources such as schools, post-secondary institutions, One-Stop centers, job training programs, social service agencies, business and industry, community-based organizations, nonprofit organizations and others for the development of career pathways.

0-10 Description of IET plan was poorly written and no key elements of coordination were listed.11-20 Description of IET plan was loosely written and some key elements of coordination were

listed.21-30 Description of IET plan was adequately written and all key elements were listed.31-40 Description of IET plan was well written and all key elements were discussed.41-50 Description of IET plan was written exceptionally well and all key elements were thoroughly

analyzed.

J] STAFF QUALIFICATIONS (limit two pages; 0-20 points)

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Indicate the Regional Director and ABE/ELL staff who are being paid from this RFP funding source using the table below. If estimates are needed because of budget estimations, please indicate so. Identify if you use volunteers and their training program. (WIOA Section 231(e)(9)).

Staff Names Title/Primary Duty FTE %

Weeks contracted to

work

Have current ND license or

ESL endorsement

FTE is the percentage a staff member is paid from this program employed for the length of the program year (i.e., 36, 48, or 52 weeks.

Did applicant identify sufficient staff to provide both ABE and ESL services. Was additional information provided to address recruitment and retention of qualified staff and volunteers. An applicant’s activities are to be delivered by well-trained staff who have access to high quality professional development.

0-6 Applicant failed to identify sufficient staff or address recruitment/retention information.7-13 Applicant adequately identified sufficient staff and addressed recruitment/retention

information.14-20 Applicant, at an exceptional level, identified sufficient staff and addressed

recruitment/retention information.

K] FLEXIBLE SERVICES AND COORDINATING SUPPORT SERVICES (limit two pages: 0-20 points)Describe how the applicant’s activities provide flexible schedules and coordination with support services (JSND, VR and other identified agencies) minimizing barriers to successful learning experiences within the region necessary to enable individuals to attend and complete an adult education program. (WIOA Section 231(e)(11)).

Did applicant describe flexible schedules and coordination with support services which can minimize identified to learning. Were appropriate resources identified throughout the region. How does applicant assess students for support services and other needs? Are flexible schedules for instruction and IET available and maximize work schedules, daycare, transportation.

0-6 The program plan for providing flexible services and coordinating support services is poorly written and leaves out all key elements.

7-13 The program plan for providing flexible services and coordinating support services is adequately written and incorporates some of the key elements.

14-20 The program plan for providing flexible services and coordinating support services is thoroughly written and includes all of the key elements.

L] DATA COLLECTION (limit one page; 0-50 points)Describe the degree to which the applicant maintains a high-quality student data management system that has the capacity to report measurable participant outcomes and to monitor program performance. How often is data reviewed and what signals adjustments to orientation, instruction, assessment. (WIOA Section116).

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Did applicant identify the student data management system, its processes, and practices on input, data review/audits, program and staff evaluations. How often is data inputted, what quality controls are used, how often is data reviewed and what signals adjustments to orientation, instruction, assessment.

0-10 Evidences of student data management system knowledge and data collection/management processes are non-existent.

11-20 Evidences of student data management system knowledge and data collection processes/management are poorly explained.

21-30 Evidences of student data management system knowledge and data collection processes/management are explained in a limited fashion.

31-40 Evidences of student data management system knowledge and data collection processes/management are adequately explained.

41-50 Evidences of student data management system knowledge and data collection processes/management are thoroughly explained.

M] ENGLISH LANGUAGE ACQUISITION AND CIVICS EDUCATION (limit two pages; 0-30 points) [Not to be confused with separate RFP for IEL/CE]Describe how the applicant will provide ESL services (assessment, instructional services, civics education, integrated employment and training). Demonstrate knowledge of the regional need for English language acquisition programs and partnerships and how they will be used to meet outcomes. (WIOA Section 231(e)(13)).

As all applicants must be able to serve ESL students and provide ELA and Civics Education, did they describe how they are structured to provide ESL services (assessment, instructional services, civics education, integrated employment and training). Do they demonstrate knowledge of the regional need for English language acquisition programs and partnerships and how they will be used to meet outcomes.

0-7 Applicant failed to describe plan of providing ESL services, regional knowledge of ELA/CE needs, and how they will meet outcomes.

8-15 Applicant loosely described plan for providing ESL services, regional knowledge of ELA/CE needs, and how they will meet outcomes.

16-22 Applicant adequately described plan for providing ESL services, regional knowledge of ELA/CE needs, and how they will meet outcomes.

23-30 Applicant thoroughly described plan for providing ESL services, regional knowledge of ELA/CE needs, and how they will meet outcomes.

N] PROFESSIONAL DEVELOPMENT (limit one page; 0-20 points)Describe applicant’s over-arching plan for the delivery of high quality adult education professional development (PD). Describe how PD activities will identify adult learner needs and address those needs through a variety of PD delivery options, including regional in-house trainings, and partner with State sponsored PD. (WIOA Section 233(a) (2).

As a provider the agency must describe the over-arching plan for the delivery of high quality adult education specific professional development (PD) support beyond that provided by the State Office. Does applicant describe how the PD program will identify adult learner needs and address those needs through local in-house offerings, and state and national workshops and trainings. Is there evidence of collaboration and PD sharing with sponsoring agency and other regional venues (i.e., employers, community groups).

0-6 Applicants PD plan is vague and poorly written. 7-13 Applicants PD plan is sufficient and adequately written.14-20 Applicants PD plan is extensive and detailed and written exceptionally well.

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O] ADDITIONAL RFP REQUIREMENTS(§463.22) TWO MEMORANDUMS OF UNDERSTANDING (no points)A Memorandum of Understanding (MOU) is required:With the agency who assumes fiscal and facility responsibilityWith core partners Job Service North Dakota and Vocational Rehabilitation and other agencies, institutions, or organizations for the delivery of regional adult education and literacy activities.

The MOU should describe services in alignment with the local workforce development plan, including how such provider will promote concurrent and co-enrollment in programs and activities under Title I, as appropriate.[See sample MOU in APPENDICES 15].

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SECTION SIX- PROPOSAL FORMAT AND CONTENT

6.0 Proposal Format and ContentThe STATE discourages overly lengthy and costly proposals; however, in order for the STATE to evaluate proposals fairly and completely, eligible providers must complete the attached Application Form. If additional space is required, responses are limited to one 8 ½ x 11 page for each response and must be submitted in a 12 font, double spaced, 1-inch margin format. Follow each section page limit (attachments can only be those required APPENDICES). Applications must have appropriate signatures where indicated. Do not change the sequence of the application. Following the bidders conference, any questions relating to the RFP must be directed to the NDDPI

Procurement Officer; responses will be available the day following the question submission and sent to all who submitted a Letter of Intent by email. All interested applicants are encouraged to check this site for additional information frequently. Do not contact NDDPI Adult Education regarding RFP related questions.

6.01 IntroductionProposals must include the completed Proposal Cover Sheet, (APPENDICES 1) with all information filled out and a signature in BLUE ink.

6.02 Application FormEligible providers must provide comprehensive narrative statements to all elements in the Required APPENDICES in order to be considered. Responses must be well written and demonstrate the understanding of each question. The responses will provide the STATE with the management plan the eligible provider plans to follow and illustrate how the plan will serve adults as a regional resource center.

6.03 Required Enclosures Offerors must provide all the documents listed as specifically required in this RFP.

6.04 Cost ProposalAll costs associated with the contract must be stated in U.S. currency. Any commodities being imported must be identified, and the price must include any applicable customs, brokerage agency fees, and duties.

Offerors must complete the Budget Application Form (APPENDICES 10) attached to this RFP. BUDGET SUMMARY (WIOA Section 233(a)(1)(2)).

ADDITIONAL INFORMATION: At least 95 percent (95%) of requested funding must be spent on direct services to students, e.g.,

classroom teaching activities, textbooks, classroom/teaching supplies, etc. No more than five percent (5%) may be spent on administrative activities, e.g., administrator

compensation and benefits, rent, utilities, equipment repair, office supplies, and indirect costs charged by the sponsoring agency.

In the event an eligible provider is awarded multiple grants, the five percent administrative cap must be calculated on each individual grant and not on the sum total.

In cases where the five percent (5%) administrative cap is too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the sponsoring agency may negotiate with NDDPI to determine an adequate level of funds to be used for non-instructional purposes. See APPENDICES 4.

Documentation supporting reimbursement requests must be maintained by the program for a period of seven years; three years on site and four years available following the completion of the grant time period, or per sponsoring agency, whichever is of longer duration.

SECTION SEVEN STANDARD PROPOSAL INFORMATION

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7.00 Authorized SignatureAn individual authorized to bind the offeror to the provisions of the RFP must sign all proposals.

7.01 State Not Responsible for Preparation CostsThe State will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any proposal.

7.02 Conflict of InterestOfferors must disclose any instances where the firm or any individuals working on the contract has a possible conflict of interest and, if so, the nature of that conflict (e.g. employed by the State of North Dakota). The State reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the offeror’s proposal. The State’s determination regarding any questions of conflict of interest is final.

7.03 Offeror's CertificationBy signature on the proposal, an offeror certifies that it complies with:

a) the laws of the State of North Dakota;b) North Dakota Administrative Code;c) all applicable local, state, and federal laws, code, and regulations;d) the applicable portion of the Federal Civil Rights Act of 1964;e) the Equal Employment Opportunity Act and the regulations issued by the federal government;f) the Americans with Disabilities Act of 1990 and the regulations issued by the federal government;g) all terms, conditions, and requirements set forth in this RFP;h) a condition that the proposal submitted was independently arrived at, without collusion; i) a condition that the offer will remain open and valid for the period indicated in this solicitation; and j) a condition that the firm and any individuals working on the contract do not have a possible

conflict of interest (e.g. employed by the State of North Dakota).

If any offeror fails to comply with the provisions stated in this paragraph, the State reserves the right to reject the proposal, terminate the contract, or consider the contractor in default.

7.04 Offer Held Firm Proposals must remain open and valid for at least 90 DAYS from the deadline specified for submission of proposals. In the event award is not made within 90 DAYS, the State will send a written request to all offerors deemed susceptible for award asking offerors to hold their price firm for a longer specified period of time.

7.05 Amendments to Proposals and Withdrawals of ProposalsOfferors may amend or withdraw proposals prior to the deadline set for receipt of proposals. No amendments will be accepted after the deadline unless they are in response to the State's request. After the deadline, offerors may make a written request to withdraw proposals and provide evidence that a substantial mistake has been made. The procurement officer may permit withdrawal of the proposal upon verifying that a substantial mistake has been made, and the State may retain the offeror’s bid bond or other bid type of bid security, if one was required.

7.06 Alternate ProposalsOfferors may submit ONLY ONE proposal for evaluation.

Alternate proposals (proposals that offer something different than what is requested) will be REJECTED.

7.07 SubcontractorsSubcontractors may be used to perform work under this contract. If an offeror intends to use subcontractors, the offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform.

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If a proposal with subcontractors is selected, the offeror must provide the following information concerning each prospective subcontractor within FIVE WORKING DAYS from the date of the State's request:

(a) complete name of the subcontractor;(b) complete address of the subcontractor;(c) type of work the subcontractor will be performing;(d) percentage of work the subcontractor will be providing;(e) evidence, as set out in the relevant section of this RFP, that the subcontractor is registered

and, if applicable, holds a valid North Dakota business license; and(f) a written statement, signed by each proposed subcontractor, that clearly verifies that the

subcontractor is committed to render the services required by the contract.

An offeror's failure to provide this information, within the time set, may cause the State to consider its proposal non-responsive and reject it. The substitution of one subcontractor for another may be made only at the discretion and prior written approval of the State’s procurement officer or project manager designated by the State.

7.08 Joint VenturesJoint ventures will not be allowed.

7.09 Disclosure of Proposal Contents and Compliance with North Dakota Open Records LawsAll proposals and other material submitted become the property of the State and may be returned only at the State's option. All proposals and related information, including detailed cost information, are exempt records and will be held in confidence until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2).

Offerors may make a written request that trade secrets and other proprietary data contained in proposals be held confidential. Material considered confidential by the offeror must be clearly identified, and the offeror must include a brief statement that sets out the reasons for confidentiality. See the North Dakota Office of the Attorney General website for additional information. http://www.ag.nd.gov/OpenRecords/ORM.htm

After award, proposals will be subject to the North Dakota open records law. Records are closed or confidential only if specifically stated in law. If a request for public information is received, the procurement officer, in consultation with the Office of the Attorney General, will determine whether the information is an exception to the North Dakota open records law, and the information will be processed appropriately.

7.10 Evaluation of ProposalsAll proposals will be reviewed to determine if they are responsive to the requirements of this solicitation. The procurement officer or an evaluation committee will evaluate responsive proposals. The evaluation will be based solely on the evaluation factors set forth in this RFP. The evaluation will consider information obtained subsequent to any discussions with offerors determined to be reasonable for award and any demonstrations, oral presentations, or site inspections, if required in this RFP.

7.11 Right of RejectionThe State reserves the right to reject any proposals, in whole or in part. Proposals received from debarred or suspended vendors will be rejected. The procurement officer may reject any proposal that is not responsive to all of the material and substantial terms, conditions, and performance requirements of the RFP.

Offerors may not qualify the proposal nor restrict the rights of the State. If an offeror does so, the procurement officer may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

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The procurement officer may waive minor informalities that: do not affect responsiveness; are merely a matter of form or format; do not change the relative standing or otherwise prejudice other offers; do not change the meaning or scope of the RFP; are insignificant, negligible, or immaterial in nature; do not reflect a material change in the work; or do not constitute a substantial reservation against a requirement or provision,

The State reserves the right to reject any proposal determined to be not responsive, and to reject the proposal of an offeror determined to be not responsible. The State also reserves the right to refrain from making an award if it determines it to be in its best interest.

7.12 Clarification of OffersIn order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or the proposal evaluation committee are permitted with an offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Clarifications may not result in a material or substantive change to the proposal. The initial evaluation may be adjusted because of a clarification under this section.

After receipt of proposals, if there is a need for any substantial clarification or material change in the RFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended proposals. Evaluations may be adjusted as a result of receiving new or amended proposals.

7.13 Discussions and Best and Final OffersThe State may conduct discussions or request best and final offers with offerors that have submitted proposals determined to be reasonably susceptible for award. The State is not obligated to do so, therefore, vendors should submit their best terms (cost and technical). The purpose of these discussions is to ensure full understanding of the requirements of the RFP and the offeror’s proposal. Discussions will be limited to specific sections of the RFP or proposal identified by the procurement officer. Discussions, if held, will be after initial evaluation of proposals by the proposal evaluation committee. If modifications to the proposal are made as a result of these discussions, the modifications must be put in writing.

Offerors with a disability needing accommodation should contact the procurement officer prior to the date set for discussions so that reasonable accommodation can be made.

7.14 Preference LawsThe preference given to a resident North Dakota offeror will be equal to the preference given or required by the state of the nonresident bidder. A “resident” North Dakota bidder, offeror, seller, or contractor is one that has maintained a bona fide place of business within this State for at least one year prior to the date on which a contract was awarded. For a listing of state preference laws, visit the following website: http://www.nd.gov/spo/legal/resources/ or contact the North Dakota State Procurement Office at 701-328-2740.

7.15 Contract NegotiationAfter final evaluation, the procurement officer may negotiate with the offeror of the highest-ranked proposal. Negotiations, if held, will be within the scope of the request for proposals and limited to those items that would not have an effect on the ranking of proposals. If the highest-ranked offeror fails to provide necessary information for negotiations in a timely manner, or fails to negotiate in good faith, the State may terminate negotiations and negotiate with the offeror of the next highest-ranked proposal.

If contract negotiations are commenced, they will be held:

PRIMARILY BY TELECONFERENCE OR EMAIL.

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If contract negotiations are held, the offeror will be responsible for all costs including its travel and per diem expenses.

7.16 Failure to NegotiateIf the selected offeror:

fails to provide the information required to begin negotiations in a timely manner; fails to negotiate in good faith; indicates it cannot perform the contract within the budgeted funds available for the project; or if the offeror and the State, after a good faith effort, cannot come to terms,

the State may terminate negotiations with the offeror initially selected and commence negotiations with the next highest ranked offeror.

7.17 Notice of Intent to Award - Offeror Notification of SelectionAfter the completion of contract negotiation the procurement officer will issue a written Notice of Intent to Award and send copies to all offerors. The Notice of Intent Award will set out the names and addresses of all offerors and identify the proposal selected for award. The scores and placement of other offerors will not be part of the Notice of Intent to Award.

The successful offeror named in the Notice of Intent to Award is advised not to begin work, purchase materials, or enter into subcontracts relating to the project until both the successful offeror and the State sign the contract.

7.18 Protest and AppealNorth Dakota law provides that an interested party may protest a solicitation. If an interested party wishes to protest the content of this RFP, the protest must be received, in writing, by the procurement officer at least seven calendar days before the deadline for receipt of proposals.

An interested party may protest the award or proposed award of a contract. If an offeror wishes to protest the award of a contract or proposed award of a contract, the protest must be received, in writing, by the procurement officer within seven calendar days after the date the Notice of Intent to Award was issued.

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SECTION EIGHT APPENDICES

1.Cover Page2.Program Assurances3.Debarment4.Request For Waiver To Increase Administrative Costs5.Consortium

6.Attachments required for Community-Based Organizations, Faith-Based Organizations, Volunteer Literacy Organizations, and Public or Private Nonprofit Agencies

7.Integrated Education & Training Components8.Definitions9.North Dakota Regional Map10.Budget Application Form11.Budget Categories Defined12.ND Performance Measures13.WIOA Related References14.Scoring Criteria15.Sample MOU16.Sample Contract17.Before You Submit Your RFP…

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APPENDICES 1 COVER PAGEAPPENDICES 1COVER PAGE

Name of Applicant Organization:

_____________________________________________________________________

Address:

__________________________________________________________________

City: ______________________________ State: North Dakota

Federal Identification & DUNS Number of Applicant

_________________________________________________________________________

Applicant Program Director:

_________________________________________________________________________

E-mail Address: _____________________________ Phone: ________________________

Type of Application

Mark the type of program for which funding is sought. A separate application is required for

each type of program and for each region for which funding is sought.

Program funding available by program type:Adult Education (ABE) (Sec. 231)

Please specify which region applicant is seeking grant funding for ABE:

Region 1 _____ Region 2 _____

Region 3 _____ Region 4 _____

Region 5 _____ Region 6 _____

Region 7 _____ Region 8 _____

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APPENDICES 2PROGRAM ASSURANCES

This section is to be reviewed by the Chief Administrative Officer, Business Manager and Regional Adult Learning Center Director of the applicant’s organization. The Program Assurances found in APPENDICES 2 includes the required signatures to be submitted with the application. Those applications lacking the name and signatures of the appropriate officials will be considered incomplete and removed from competition.

The applicant hereby certifies to the North Dakota State Superintendent of Public Instruction that:

A. Any funds received under this grant will not be used to supplant non-federal funds normally provided for services of the same type, and the applicant will make provisions for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for federal funds.

B. The grantee assures that funds will only be expended on eligible activities outlined in the RFP application.

C. The grantee will offer instruction in collaboration with other organizations/agencies serving those individuals most in need.

D. The grantee assures that no person 16 years of age or older, or an individual with a barrier to employment will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from Adult Education.

E. The grantee assures that no qualified person 16 years of age or older with a documented disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from state funds.

F. The grantee will comply with all civil rights regulations prohibiting discrimination in program benefits, participation, employment, or treatment on the basis of race, gender, color, national origin, sex, and disability.

G. The grantee will operate in compliance with all federal/state rules, regulations, and state guidelines, maintaining effective control over, and accountability for all grant funds, property, and other assets or, if that is not feasible, will transfer title to NDDPI. Grantees shall adequately safeguard all property and assets and shall assure that they are used solely for authorized adult education purposes.

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H. The grantee will annually submit a program compliance audit conducted by an independent source validating control of cash flow and data collected during the fiscal year July 1 through June 30.

I. The grantee will submit an appropriately amended application prior to any material change greater than 10% affecting the purpose, administration, organization, budget, or operation of an approved program.

J. The grantee assures the filing of this application has been authorized by the governing body of the applicant. A signed copy of this grant and supporting documentation will be maintained for a period of seven years, three years on site and four years available.

K. The grantee will give the grantor agency or the US Comptroller General, through any authorized representative, access to all records or documents related to the grant, including the submission of reports as may be required.

L. The grantee will comply with the requirements of the Family Educational Rights and Privacy Act of 1974.

M. The grantee assures that funds will be used only for financial obligations incurred during the grant period.

N. The grantee will provide coordination with core partner programs and others to maximize the opportunities for education and employment through collaborative programs, activities, funding and services.

O. The grantee will assure that no expenditure of program funds will be made for any activity of service related to sectarian instruction or religious worship.

P. The grantee will prepare reports, containing such information as the Superintendent of Public Instruction may reasonably require, to determine the extent to which funds have been effective in carrying out state and federal purposes and program objectives.

Q. The grantee assures that the program will:1. utilize qualified administrative personnel in a full time capacity dedicated to

regional adult education services and coordination.2. be responsible for determining secondary programs, supervision of data and

services.3. provide year-round instruction as feasible.4. provide adequate ADA and 504 accessible facilities, equipment, and materials,

meeting adult learners’ needs.

R. The grantee assures that the requirements for demonstrated competencies of speaking, listening, reading, writing, computation (arithmetic), skills in civics education, digital and financial literacy skills, and career/occupational skills development will be priorities of the program offerings to students.

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S. All grant recipients will be required to use the College and Career Readiness standards for Adult Education in tandem with the K-12 Standards of instruction and English Language Proficiency (ELP) standards for Adult Education.

T. The grantee assures participation in all State sponsored professional development and training.

U. The grantee assures development of a regional advisory board with community representatives for the intent of networking, advancement of student outcomes, policy and practice as it relates to advancing regional needs and goals. The board shall meet no less than quarterly.

V. The grantee assures that federal and state required program data (including student SSN) will be collected and entered into the student data management system LACES. Social Security numbers are used solely for data match with the ND SLDS partners for the purpose of annual required federal reporting.

W. The grantee assures that requests for reimbursement with supporting expenditure documentation and appropriate agency signatures will be submitted at least quarterly to the NDDPI.

X. The grantee assures that receipts and expenditures of all funds associated with adult education will be documented, accounted for, and available for review as required by the NDDPI for the purpose of monitoring.

Y. The grantee assures that any fees collected from adult education students are used within the program year to provide additional adult education and literacy services that it would otherwise be unable to provide and that the collection of fees and tuition are documented. Program income from tuition and fees must be reported to NDDPI annually.

Z. The NDDPI can, with 30-day notice, end any program for student data or fiscal improprieties, insufficient performance of instruction or other WIOA requirements, and GED incident errors. A probationary period may be granted to correct the discrepancy at the sole discretion of NDDPI.

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APPENDICES 2 con’t

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The sponsoring applicant Chief Administrative Officer, Business Administrator and Regional Director certify that, to the best of his/her knowledge and belief, the data and information in this application are true and accurate, and that he/she will comply with all assurances noted above.

Chief Administrative OfficerName: ___________________________________________________

Title: ____________________________________________________

Signature: ________________________________________________

Business Administrator Name: ___________________________________________________

Title: ____________________________________________________

Signature: ________________________________________________

Regional ALC DirectorName: ___________________________________________________

Title: ____________________________________________________

Signature: ________________________________________________

APPENDICES 3DEBARMENT

As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110.

THE APPLICANT CERTIFIES THAT IT AND ITS PRINCIPALS:A. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency.

B. Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connections with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph B of this certification.

D. Have not, within a three-year period preceding this application, had one or more public transactions (federal, state, or local) terminated for cause or default.

Chief Administrative OfficerName: ___________________________________________________

Title: ____________________________________________________

Signature: ________________________________________________

Business Administrator Name: ___________________________________________________

Title: ____________________________________________________

Signature: ________________________________________________

Regional ALC DirectorName: ___________________________________________________

Title: ____________________________________________________

Signature: ________________________________________________

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APPENDICES 4REQUEST FOR WAIVER TO INCREASE ADMINISTRATIVE COSTSWIOA Section 233(b)

Adult Education Family Literacy ActRequest for Waiver of Administrative Costs to Exceed 5%of Federal Adult Education and Family Literacy Act Funds

The applicant / organization _____________________________________________ requests a waiver to expend ________% of its Adult Education and Family Literacy Act federal budget for non-instructional costs for program year 2017-18.

We the undersigned, acknowledge that 95% of the federal grant is expected to be used for instructional purposes unless a waiver is approved. One or both of the following categories must apply. We further understand that a waiver for administrative costs in excess of 5% of the federal budget amount will be granted only in exceptional circumstances.

(Check one or both statements, as applicable, providing rationale for the waiver request.)

The administrative activities relate to the achievement of AEFLA state goals to improve program quality and level of service, as explained here:

A 5% limit on administrative expenditures would not provide for sufficient planning, management, evaluation, or coordination, as explained here:

We provide these assurances/justifications with respect to this waiver request.

___________________________________ ______________________________Regional Director Signature Business Director Signature

For State Use Only

A waiver for program year 2017-18 is granted is not granted

___________________________________ _________________________Adult Education State Director Date

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APPENDICES 5CONSORTIUM (OPTIONAL)

If the application is written as a consortium of eligible applicants, one recipient must be the designated fiscal agent, with clearly identified goals and responsibilities for each partner.

1. Include all partner responsibilities, with a clear picture of monetary distribution for each partner.

2. Name the fiscal agent for the consortium.3. As evidence include:

a. Current signed Memoranda of Understanding (MOU) from each member of the consortium detailing their responsibilities to the consortium.

b. An organizational chart showing all recipients/partners.4. Any additional physical, in-kind, or monetary contributions made by the partners should

appear in the Budget Summary and Budget Summary Explanation.5. Address each partner’s responsibilities in each section of the application.6. List the amount each program will receive or how funds will be allocated to programs

identified within consortium. ______________________________________________________________________________

Applicant is not applying as part of a Consortium.

Applicant is applying as part of a Consortium and the above information is provided as part

of the RFP application.

_____________________________________________ _________________Regional Director Signature Date

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APPENDICES 6Attachments required for Community-Based Organizations, Faith-Based Organizations, Volunteer Literacy Organizations, and Public or Private Nonprofit Agencies

Any of the above applicant’s approved for AEFLA funding must be prepared to submit the following before final approval for funding. Inability to submit any or all of the required items will result in default of awarded funds.

_____Articles of Incorporation

_____Description of the organization and its purposes, including the period of time the

organization has existed

_____Proof of bonding to perform proposed duties and to handle funds

_____Report of financial sources and amount of all other revenue

_____Most recent audited financial statement

______________________________________________ ______________________Name of Applicant Date

_____________________________________________Applicant Signature

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APPENDICES 7INTEGRATED EDUCATION & TRAINING COMPONENTS

Definition: A service approach that provides adult education and literacy activities simultaneously and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement.

Components: Meet the requirement that adult education and literacy activities, workforce preparation activities and workforce training be integrated, services must be provided concurrently and contextually such that:

Within the overall scope of a particular integrated education and training program, the adult education and literacy activities, and workforce training are EACH of sufficient intensity and quality, and based on the most rigorous research available, particularly with respect to improving reading, writing, mathematics and English proficiency of ELIGIBLE individuals.

Occur simultaneously (at the same time over the course/scope of the program); AND Whether IET is funded from Title I, Title II or other funding streams the Integrated

Education and Training program must have a single set of learning objectives that identifies specific adult education content, specific workforce preparation activities and specific workforce training competences and the program activities are organized to function cooperatively.

Delivery of Integrated Education and Training under Title II meets the requirement that the integrated education and training program be “for the purpose of educational and career advancement” if

The adult education component of the program is aligned with College & Career Readiness standards; and

The Integrated Education and Training program is part of a career pathway. The Integrated Education and Training program can be an “onramp program”

whereby adult education works with an existing certification program with the role to “ramp or bridge” the program content with the students and not reinvent the certification program.

NOTES: 1. Each of the above components must be of sufficient quality and intensity and use

occupationally contextualized materials.2. Each component must be provided through the overall scope of the adult education program. 3. IET must be designed for both educational and career advancement. 4. For students who need or are ready for IET it is necessary to use occupational relevant

instructional materials, as appropriate, across the three required components of the IET program. Substituting general employability instructional materials for occupationally relevant instructional materials is not consistent with the statutory requirements of WIOA.

5. All adult education providers are not required to provide Integrated Education and Training to all students

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When offering an IET the program must look at the needs of the employers and the workers.

Workforce Preparation Activities are activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in:• Utilizing resources;• Using information;• Working with others;• Skills necessary for successful transition into and completion of post-secondary education or training, or employment; and• Other employability skills that increase an individual’s preparation for the workforce.

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APPENDICES 8DEFINITIONS

Administrative Services: administrator compensation and benefits, rent, utilities, equipment repair, office supplies, professional development, non-classroom related travel expenses, and indirect costs charged by a respective organization.

Adult Education: academic instruction and education services below the post-secondary level that increase an individual’s ability to read, write and speak in English, and perform mathematics or other activities necessary for the attainment of a secondary diploma or its recognized equivalent; transition to post-secondary education and training, and obtain employment. Adult education services are available for individuals:a. Who have attained 16 years of age;b. Who are not enrolled or required to be enrolled in secondary school under State law;c. Who:

i. Are basic skills deficient;ii. Does not have a secondary school diploma or its recognized equivalent, and have not achieved an equivalent level of education; oriii. Are English Language Learners.

Basic Skill Deficient: an individual whose English, reading, writing or computing skills are at or below the 8th grade level on a generally accepted standardized test; or is unable to compute or solve problems, read or write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society.

Career Pathway: a combination of rigorous and high-quality education, training, and other services that:a. Aligns with the skill needs of industries in the economy of the state or regional economy

involved;b. Prepares an individual to be successful in any of a full range of secondary or post-secondary

education options, including apprenticeships;c. Includes counseling to support an individual in achieving the individual’s education and

career goals;d. Includes, as appropriate, education offered concurrently with and in the same context as

workforce preparation activities and training for a specific occupation or occupational cluster;

e. Organizes education, training and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;

f. Enables an individual to attain a secondary school diploma or its recognized equivalent, and at least one (1) recognized post-secondary credential; and

g. Helps an individual enter or advance within a specific occupation or occupational cluster.

Career Planning: provision of client-centered approach in the delivery of services, designed to:

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a. Prepare and coordinate comprehensive employment plans such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and

b. To provide job, education, and career counseling as appropriate during program participation and after job placement.

Collaboration: two or more providers/agencies working together to provide adult education services and/or additional services in their respective area with each organization/agency acting as its own fiscal agent.

Concurrent enrollment: enrollment of student in two or more of the six core WIOA programs by WIOA.

Community-Based Organization (CBO): a private, nonprofit organization (which may include faith-based organizations), that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development.

Consortium: two or more providers working together to provide adult education services in their respective areas with only one program listed as the fiscal agent for the consortium.

Direct Services to Students: services such as classroom teaching activities, textbooks, teaching supplies including computers and software, classroom supplies, etc. Direct services to students must account for 95% of requested funds.

English Language Acquisition Program: a program of instruction:a) Designed to help eligible individuals who are English language learners achieve

competence in reading, writing, speaking, and comprehension of the English language; and

b) That leads to: i. Attainment of a secondary school diploma or its recognized equivalent; and

ii. Transition to post-secondary education and training; oriii. Employment.

English Language Learner (ELL): an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, anda. Whose native language is a language other than English; orb. Who lives in a family or community environment where a language other than English is the dominant language.

Family Literacy Services: specific services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable improvements in the economic prospects for a family and that better enables parents or family members to support their children’s learning needs, and integrates the following activities:a. Parent or family adult education and literacy activities that lead to readiness for post-secondary education or training, career advancement, and economic self-sufficiency;

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b. Interactive literacy activities between parents or family members and their children; c. Training for parents or family members regarding how to be the primary teacher for their children and full partners in the education of their children;d. An age-appropriate education to prepare children for success in school and life experiences

Individual with a Barrier to Employment: The term “individual with a barrier to employment” means the individual is a member of one or more of the following populations:a. Displaced homemakersb. Low-income individualsc. Indians, Alaska Natives, and Native Hawaiians d. Individuals with disabilities, including youth who are individuals with disabilitiese. Older individuals f. Ex-offendersg. Homeless individuals, or homeless children and youths h. Youth who are in or have aged out of the foster care systemi. Individuals who are English language learners, individuals who have low levels of literacy,

and individuals facing substantial cultural barriersj. Eligible migrant and seasonal farmworkersk. Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the

Social Security Actl. Single parents (including single pregnant women)m. Long-term unemployed individuals

Individuals with Disabilities: persons who have a record of, or are regarded as having, any type of physical or mental impairment, including a learning disability that substantially limits or restricts one or more major life activities (e.g., walking, seeing, hearing, speaking, learning, or working).

Institution of higher education: any such institution as defined by Section 101(A)(B) of Section 120(a)(1) of the Federal Higher Education Act of 1965.

Integrated Education and Training: a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of education and career advancement.

Integrated English Literacy and Civics Education: education services provided to English language learners who are adults, including professionals with degrees and credentials in their native countries, that enables such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. Such services shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation and may include workforce training.

Intensity, Quality, and Duration of Services: the proposed educational services are of sufficient intensity and duration for students to achieve substantial learning/measurable skill

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gains. The design of the education program, the use of hybrid distance learning, and other factors must be considered in describing how the program meets this requirement in the law. Utah requirement for this grant: a minimum of six hours of instruction weekly per class using AFELA funds.

Literacy an individual’s ability to read, write, and speak in English, compute and solve problems at levels of proficiency necessary to function on the job, in the family of the individual, and in society.

Local Education Agency (LEA): a public board of education or other public authority legally constituted within the state for either administrative control, or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a state, or such combination of school districts or counties as is recognized in the state as an administrative agency for its public elementary or secondary schools, except that, if there is a separate board or other legally constituted local authority having administrative control and direction of adult education in public schools therein, such terms means such other board or authority.

Offender: an adult or juvenile:a. Who is has been subject to any stage of the criminal justice process, and for whom services

under that Act may be beneficial; or b. Who requires assistance in overcoming artificial barriers to employment resulting from a

record of arrest or conviction.

Older Individual: an individual age 55 or older.

Out-of-School Youth: an individual who is:a. Not attending any school as defined under State law;b. Not younger than age 16; andc. One or more of the following:

a. A school dropoutb. A youth who is within the age of compulsory school attendance but has not attended school for a least the most recent complete school year calendar quarterc. A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is:

i. Basic skills deficient; orii. An English Language Learner

d. An individual who is subject to the juvenile or adult justice system; e. A homeless individual;f. An individual who is pregnant or parenting;g. A youth who is an individual with a disability;h. A low-income individual who requires additional assistance to enter or complete an

educational program or to secure or hold employment.

Peer tutoring: instructional model utilizing an institutionalized individual to assist in providing or enhancing learning opportunities for other institutionalize individuals. Peer tutoring must be

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structured and overseen by educators who assist with training and supervise tutors, set educational goals and establish individualized plans of instruction and monitor student progress.

Program Income: the gross income received by the grantee or sub-grantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. Funds so earned may be added to the grant and used for the purposes and under the conditions of the grant agreement, and must be reported as expenditures to AEFLA. Programs charging fees must use the program income generated by federal adult education funds for allowable costs to the federal adult education program, expanding available resources for adult education, workplace literacy, English language acquisition, and adult secondary education. Fees must be necessary and reasonable and not impose a barrier to the participation of disadvantaged persons. Providers are prohibited from counting tuition and fees collected from students toward meeting matching and cost-sharing. Fees collected must be used by the AEFLA program during the year they are collected and may not be used as general funds of the applicant organization.

Recognized Post-Secondary Credential: a credential consisting of an industry-recognized certificate or certification, a certification of completion of an apprenticeship, a license recognized by the state or federal government, or an associate or baccalaureate degree.

Re-entry and post-release services: services provided to a formerly incarcerated individual upon or shortly after release from a correctional institution that are designed to promote successful adjustment to the community and prevent recidivism. Examples include:

a. education,b. employment services,c. substance abuse treatment,d. housing support,e. mental and physical health care, andf. family reunification services.

Required Partners: includes Temporary Assistance for Needy Families (TANF), College and Technical Education (Perkins) programs at the post-secondary level, Community Services Block Grant, Indian and Native American programs, HUD Employment and Training programs, Job Corps, Local Veterans’ Employment Representatives and Disabled Veterans’ Outreach Program, National Farmworker Job program, Senior Community Service Employment Program, Trade Adjustment Assistance programs, Unemployment Compensation programs, and YouthBuild. Local boards and chief elected officials may name additional partners to provide services through American Job Centers as partner programs, including libraries, the Ticket-to-Work program, Supplemental Nutrition Assistance programs, state or local programs, and others.

School Dropout: an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent.

State Educational Agency (SEA): the NDDPI with primarily responsible for the state supervision of public elementary and secondary schools.

Supplement not Supplant: Adult Education funds made available for adult education activities

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shall supplement and not supplant other state or local public funds expended for adult education and literacy activities.

Supportive Services: services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under the Act.

Unemployed Individual: an individual without a job and who wants and is available for work.

Workplace Adult Education and Literacy Activities: adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at the workplace or an off-site that is designed to improve the productivity of the workforce.

Workplace Preparation Activities: activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of post-secondary education or training, or employment.

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APPENDICES 9

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APPENDICES 10BUDGET APPLICATION FORM

Please download and complete the form found at this link:https://www.nd.gov/dpi/uploads/documents/1499/SFN52929.pdf

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APPENDICES 11BUDGET CATEGORIES DEFINED

OBJECT CODE 110 – PROFESSIONAL SALARYFull or part-time salaries for program employees must be included in this grant application. This item should not include stipends paid to employees for work outside of their regular contract. Stipends should be included in line item C. If salary funds are identified in the application, please indicate the basis of computing these salaries. Director, coordinator, and clerical salaries not directly tied to classroom activities are considered administrative in nature.

OBJECT CODE 120 – NON-PROFESSIONAL SALARYSalaries for non-certified personnel including aides, paraprofessionals, administrative support.

OBJECT CODE 200 – EMPLOYEE BENEFITSEmployee benefits for program employees must be included in this application. Such employee benefits may include state retirement, Social Security, local retirement, group insurance, industrial insurance, unemployment insurance, and any other employee benefits not classified above. Employee benefits related to stipends for teachers or other regular employees who work outside of their regular contract may also be placed in this line item. Director, coordinator, and clerical salaries not directly tied to classroom activities must be considered administrative.

OBJECT CODE 300 – PURCHASED PROFESSIONAL & TECHNICAL SERVICESThis budget category includes those services which, by their nature, must be performed by persons with specialized knowledge, skills, or abilities. Providers (consultants) of such services, all travel, meals, lodging, honorarium/fees, materials, and related expenses are to be included in this category. Such consultants might also include staff of the applicant who might serve in this capacity during those times when they are not salaried employees of the grantee, including summers, weekends, holidays, or other non-contractual time. For each consultant provide name, anticipated consultant fees, number of contracted days of work, and purpose of proposed expenditures. This category also includes stipends paid to employees for work outside of their regular contract which may be instructional (i.e., professional development) or administrative depending on activity. Yearly program audits are also included in this item. Note: Some of these expenditures may be administrative in nature.

OBJECT CODE 430 – MAINTENANCERepair of equipment

OBJECT CODE 580 - TRAVELThis budget category includes travel of instructional staff to and from remote teaching sites (direct services) or staff travel to required NDDPI director meetings, professional development trainings, etc.

OBJECT CODE 600 – SUPLIES & MATERIALSApplicant may receive funding support for a variety of items of an expendable nature that are consumed, worn out, or have deteriorated with use. Items that lose their identity through

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fabrication or incorporation into different or more complex units or substances are also considered supply expenditures. Expenditures in this category might include, but are not limited to software, paper, writing tools, books, textbooks, manuals, reproduction costs, binders, classroom computer and printers, audiovisual materials, courseware, assessment instruments, etc. Items to be purchased must be identified and detailed by quantity and cost per item. Note: Some of these expenditures may be administrative in nature.

OBJECT CODE 730 - EQUIPMENTIncludes such items as iPads, computers, printers even if the cost is less than $750.These items should be tagged.

OBJECT CODE 800 – DUES, MEMBERSHIPS, REGISTRATION FEES

**************************

UNALLOWABLE ITEMS WITH FEDERAL FUNDS: Advertising and Promotion costs Alcoholic beverages Alumni activities Entertainment, food Capital expenditures Childcare costs Commencements, graduation ceremonies Contributions and donations Cost of institution furnished automobiles that relates to personal use by employees Costs for defense and prosecution of criminal or civil proceedings, claims, appeals and

patent infringements Donations and contributions Fines and penalties resulting from violations of, or failure of the institution to comply

with federal, state and local or foreign laws and regulations Fundraising, solicitations, gifts, or investment costs GED testing fees for test-takers Goods or services for personal use Housing and personal living expenses Lobbying Membership costs Salaries or expenses for school boards or boards of directors Scholarships and student aid costs

In addition, applicants must be aware that: AEFLA funds cannot purchase computer hardware and/or software that will be used only

partly to serve WIOA students. Food (coffee, juice, donuts, etc.) to entice prospective students, or as an incentive to get

or keep them coming after they are enrolled, is not an allowable expenditure. AEFLA funds may only be used to supplement and, to the extent practical, increase the

level of funds that would, in the absence of AEFLA funds, be made available from non-

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federal sources for the education of participating students. In no case may AEFLA funds supplant funds from non-federal sources.

AEFLA students may be charged fees, but the level of fees must not act as an enrollment deterrent for those who are disadvantaged. All fees collected must benefit the AEFLA program; to provide additional adult education and literacy services that the program would otherwise be unable to provide (AEFLA section 202). Fees cannot be commingled with other funds to purchase non-AEFLA-related items or provide non-AEFLA services.

AEFLA is NOT a “construction” grant and as such may not be used for building remodels, improvements, etc.

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APPENDICES 12ND PERFORMANCE MEASURES

Indicator 2016-2017 Target

2017-2018 Target

ABE Beginning Literacy 58% 58%ABE Beginning 52% 54%ABE Intermediate Low 45% 45%ABE Intermediate High 35% 37%ASE Low 35% 35%

Average 46% 48%

ESL Beginning Literacy 50% 51%ESL Beginning Low 59% 59%ESL Beginning High 65% 65%ESL Intermediate Low 57% 58%ESL Intermediate High 47% 50%ESL Advanced 27% 29%

Average 47% 50%

Enter Employment 70% 70%Retain Employment 70% 70%GED Attainment 90% 90%Post-Secondary certification / enrollment 50% 50%

* Negotiated and approved with OCTAE April 2016; * Averages noted above are determined BY NRS formula and involves additional factors beyond basic average methods

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APPENDICES 13WIOA RELATED REFERENCES

North Dakota State Planhttp://www.jobsnd.com/sites/default/files/WIOA-Unified-State-Plan.pdf

Workforce Innovation & Opportunities Acthttps://www.doleta.gov/wioa/

http://www2.ed.gov/about/offices/list/osers/rsa/wioa-reauthorization.html

http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/wioa-reauthorization.html

http://nawb.org/wioa_resources.asp

Job Service North Dakotahttp://www.jobsnd.com/

Vocational Rehabilitationhttp://www.nd.gov/dhs/dvr/index.html

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APPENDICES 14SCORING CRITERIAEach section of the RFP application will be evaluated and scored on the basis of completeness, clarity, and merit. NOTE: Incomplete applications will result in disqualification.

ITEM Required/ Optional

Possible Points

Signed Cover Sheet Required NASigned Program Assurance Required NASigned Debarment Certification Required NANon-Profit Organization Attachments Required NA

RFP NARRATIVE COMPONENTS Required/ Optional

Possible Points

Consortium Optional 0Budget Summary Required 0A] Abstract Required 10B] Regional Needs Assessment and Serving Individuals Most in Need Required 30

C] Demonstrated Effectiveness Required 50D] Local Plan and One-Stop Alignment Required 15E] Intensity and Quality of Instructional Practices and Services Required 30

F] Intensity and Scope of Regional Services Required 50G] Effective Research-based Educational Practices Required 30H] Use and Delivery of Technology Instruction and Delivery Required 15

I] Integrated Education & Training Required 50J] Staff Qualifications Required 20K] Flexible Services and Coordinating Support Services Required 20

L] Data Collection Required 50M] English Language Acquisition and Civics Education Required 30

N] Professional Development Required 20O] Memorandum of Understanding (x2) Required 0

Total Possible Points 420

Required points to secure regional funding: 336 points

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APPENDICES 15SAMPLE MEMORANDUM OF UNDERSTANDING TEMPLATE/FORMAT

-DATE -

MEMORANDUM OF UNDERSTANDING BETWEEN

______________ AND _____________

I. PARTIES TO MOUThis AGREEMENT is entered into by ____________, responsible for the provision of adult education services through grant funds received from the North Dakota Department of Public Instruction, Adult Education and the _________________ (agency name) who consents to serve as the fiscal agent for the Adult Learning Center.

II. PURPOSEThe purpose of this MOU is to establish the terms and conditions that will guide the partnership between the entities and the intended educational outcomes.

III. GUIDING PRINCIPLES

It is the policy of the parties that this program shall be carried out in a manner consistent with the following educational philosophy and fiscal/business principles:

1) Accountability, monitoring and reporting2) Scope of authority3)4)5)

IV. MUTUAL ROLES AND RESPONSIBILITIESThe parties to this AGREEMENT shall:

V. RESOLUTION OF CONFLICT/ENFORCEMENT; LENGTH AND TERMINATION OF CONTRACT

VI. LENGTH AND TERMINATION OF AGREEMENT

VII. SIGNATURES

[ADD EXTRA SECTIONS AS PARTIES DESIRE TO CONVEY INFORMATION]

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APPENDICES 16CONTRACT TEMPLATE

The parties to this contract (Contract) are the state of North Dakota, acting through its Department/Office (STATE), and Name of Business a type of business (e.g. Delaware corporation or privately held company) having its principal place of business at principal business address (CONTRACTOR);

1. SCOPE OF WORKCONTRACTOR, in exchange for the compensation paid by STATE under this Contract, shall provide the following services: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. COMPENSATIONb. Contractual Amount

STATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed <amount> (Contractual Amount).The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

c. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.

2) STATE shall make payment under this Contract within forty five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by STATE will not prejudice STATE’s right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by STATE, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At STATE’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.

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4) For any amounts that are or will become due and payable to STATE by CONTRACTOR, STATE reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.

d. Travel

CONTRACTOR acknowledges travel costs are covered by the Contractual Amount and shall not invoice STATE for travel costs.

e. Prepayment

STATE will not make any advance payments before performance by CONTRACTOR under this Contract.

f. Payment of Taxes by STATE

STATE is not responsible for and will not pay local, state, or federal taxes. STATE sales tax exemption number is E 2001. STATE will furnish certificates of exemption upon request by the CONTRACTOR.

g. Taxpayer ID

CONTRACTOR’S federal employer ID number is: ____________.h. Purchasing Card

STATE may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.

3. TERM OF CONTRACTThis Contract begins on July 1, 2017 or its effective date, and ends on June 30, 2017.

a. No Automatic Renewal

This Contract will not automatically renew.b. Extension Option

STATE reserves the right to extend the Contract for an additional period of time, not to exceed 12 months, beyond the current termination date of the Contract.

4. TIME IS OF THE ESSENCECONTRACTOR hereby acknowledges that time is of the essence for performance under this Contract unless otherwise agreed to in writing by the parties.

5. TERMINATIONa. Termination by Mutual Agreement

This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest

STATE is entering into this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly and Courts. If this Contract ceases to further the public policy of the

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State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:1) If funding from federal, state, or other sources is not obtained and continued

at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.

2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

3) If any license, permit, or certificate required by law or rule, or by the terms of this Contract, is for any reason denied, revoked, suspended, or not renewed.

Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

d. Termination for Cause.

STATE may terminate this Contract effective upon delivery of written notice to CONTRACTOR, or any later date stated in the notice:1) If CONTRACTOR fails to provide services required by this Contract within the

time specified or any extension agreed to by STATE; or2) If CONTRACTOR fails to perform any of the other provisions of this Contract,

or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms.

The rights and remedies of STATE provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

6. FORCE MAJEURENeither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God or war if the event is beyond the party’s reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

7. INDEMNITYIndemnification Contractor agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers and employees (State), from claims resulting from the performance of the contractor or its agent, including all costs, expenses and attorneys' fees, which may in any manner result from or arise out of this agreement, except claims based upon the State’s sole negligence or intentional misconduct. The legal defense provided by Contractor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Any attorney appointed to represent the State must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08. Contractor also agrees to defend, indemnify, and hold the

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State harmless for all costs, expenses and attorneys' fees incurred in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

8. INSURANCEInsurance Contractor shall secure and keep in force during the term of this agreement and Contractor shall require all subcontractors, prior to commencement of an agreement between Contractor and the subcontractor, to secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages: 1) Commercial general liability, including premises or operations, contractual, and

products or completed operations coverages (if applicable), with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

2) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

3) Workers compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this contract.

4) Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

The insurance coverages listed above must meet the following additional requirements:

1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

The amount of any deductible or self-retention is subject to approval by the State.

2) This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State.

3) The State will be defended, indemnified, and held harmless to the full extent of any coverage actually secured by the Contractor in excess of the minimum requirements set forth above. The duty to indemnify the State under this agreement shall not be limited by the insurance required in this agreement.

4) The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insured. The State shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor.

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5) The insurance required in this agreement, through a policy or endorsement, shall include:a) a “Waiver of Subrogation” waiving any right to recovery the insurance company

may have against the State; b) a provision that Contractor’s insurance coverage shall be primary (i.e. pay first) as

respects any insurance, self-insurance or self-retention maintained by the State and that any insurance, self-insurance or self-retention maintained by the State shall be in excess of the Contractor’s insurance and shall not contribute with it;

c) cross liability/severability of interest for all policies and endorsements;d) The legal defense provided to the State under the policy and any endorsements

must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary;

e) The insolvency or bankruptcy of the insured Contractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Contractor from meeting the retention limit under the policy.

6) The Contractor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement. All endorsements shall be provided as soon as practicable.

7) Failure to provide insurance as required in this agreement is a material breach of contract entitling the State to terminate this agreement immediately.

8) Contractor shall provide at least 30 day notice of any cancellation or material change to the policies or endorsements.

9. WORKS FOR HIRECONTRACTOR acknowledges that all work(s) under this Contract is "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to STATE all rights and interests CONTRACTOR may have in the work(s) it prepares under this Contract, including any right to derivative use of the work(s). All software and related materials developed by CONTRACTOR in performance of this Contract for STATE shall be the sole property of STATE, and CONTRACTOR hereby assigns and transfers all its right, title, and interest therein to STATE. CONTRACTOR shall execute all necessary documents to enable STATE to protect STATE’s intellectual property rights under this section.

10.WORK PRODUCTAll work product, equipment or materials created for STATE or purchased by STATE under this Contract belong to STATE and must be immediately delivered to STATE at STATE'S request upon termination of this Contract.

11.NOTICEAll notices or other communications required under this Contract must be given by

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registered or certified mail and are complete on the date mailed when addressed to the parties at the following addresses:

STATE CONTRACTORName NameTitle Title

Address AddressCity, State, Zip City, State, Zip

Notice provided under this provision does not meet the notice requirements for monetary claims against the State found at N.D.C.C. § 32 12.2 04.

12.CONFIDENTIALITYCONTRACTOR shall not use or disclose any information it receives from STATE under this Contract that STATE has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Contract or as authorized in advance by STATE. STATE shall not disclose any information it receives from CONTRACTOR that CONTRACTOR has previously identified as confidential and that STATE determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota public records law, N.D.C.C. ch. 44 04. The duty of STATE and CONTRACTOR to maintain confidentiality of information under this section continues beyond the term of this Contract.

13.COMPLIANCE WITH PUBLIC RECORDS LAWSCONTRACTOR understands that, in accordance with this Contract’s Confidentiality clause (section 13), STATE must disclose to the public upon request any records it receives from CONTRACTOR. CONTRACTOR further understands that any records obtained or generated by CONTRACTOR under this Contract, except for records that are confidential under this Contract, may, under certain circumstances, be open to the public upon request under the North Dakota public records law. CONTRACTOR agrees to contact STATE promptly upon receiving a request for information under the public records law and to comply with STATE’s instructions on how to respond to the request.

14.INDEPENDENT ENTITYCONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. CONTRACTOR retains sole and absolute discretion in the manner and means of carrying out CONTRACTOR’S activities and responsibilities under this Contract, except to the extent specified in this Contract.

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15.ASSIGNMENT AND SUBCONTRACTSCONTRACTOR may not assign or otherwise transfer or delegate any right or duty without STATE’S express written consent. However, CONTRACTOR may enter into subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. CONTRACTOR is solely responsible for the performance of any subcontractor with whom CONTRACTOR contracts. CONTRACTOR does not have authority to contract for or incur obligations on behalf of STATE.

16.SPOLIATION – PRESERVATION OF EVIDENCECONTRACTOR shall promptly notify STATE of all potential claims that arise or result from this Contract. CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to STATE the opportunity to review and inspect the evidence, including the scene of an accident.

17.MERGER AND MODIFICATION, CONFLICT IN DOCUMENTSThis Contract, including the following documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Contract. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by both parties. Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Contract, the documents must control in this order of precedence:

a. The terms of this Contract as may be amended;b. STATE’s Solicitation Amendment #1 to Request for Proposal (“RFP”) number

__________ dated ________;c. STATE’s Request for Proposal (“RFP”) number __________, dated __________;d. CONTRACTOR’s proposal dated ____________ in response to RFP number

_______________.e. All terms and conditions contained in any automated end-user agreements (e.g.,

click-throughs, shrink wrap, or browse wrap) are specifically excluded and null and void, and shall not alter the terms of this Contract.

18.SEVERABILITYIf any term of this Contract is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the parties are to be construed and enforced as if the Contract did not contain that term.19.APPLICABLE LAW AND VENUEThis Contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this Contract must be adjudicated exclusively in the state District Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum

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non conveniens.

20.ALTERNATIVE DISPUTE RESOLUTION – JURY TRIALSTATE does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. The parties have the right to enforce their rights and remedies in judicial proceedings. STATE does not waive any right to a jury trial.

21.ATTORNEY FEESIn the event a lawsuit is instituted by STATE to obtain performance due under this Contract, and STATE is the prevailing party, CONTRACTOR shall, except when prohibited by N.D.C.C. § 28 26 04, pay STATE’S reasonable attorney fees and costs in connection with the lawsuit.

22.NONDISCRIMINATION AND COMPLIANCE WITH LAWSCONTRACTOR agrees to comply with all laws, rules, and policies, including those relating to nondiscrimination, accessibility and civil rights. CONTRACTOR agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums. CONTRACTOR shall have and keep current at all times during the term of this Contract all licenses and permits required by law.

23.STATE AUDITAll records, regardless of physical form, and the accounting practices and procedures of CONTRACTOR relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. CONTRACTOR shall maintain all of these records for at least three (3) years following completion of this Contract and be able to provide them at any reasonable time. STATE, State Auditor, or Auditor’s designee shall provide reasonable notice to CONTRACTOR prior to conducting examination.

24.EFFECTIVENESS OF CONTRACTThis Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be deemed the Effective Date.CONTRACTOR STATE OF NORTH DAKOTA<insert business> Acting through its <insert agency>BY: <Signature> BY: <Signature><Printed Name> <Printed Name><Title> <Title>Date: Date:

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APPENDICES 17BEFORE YOU SUBMIT YOUR RFP ….

Was a Letter of Intent to apply submitted by December 23, 2016?

Is the application complete and a response prepared for each section?

Is the program funding identified in cover letter (APPENDICES 1)?

Is the cover letter complete and include signatures (APPENDICES 1)?

Are signatures included for the Program Assurance section (APPENDICES 2)?

Are signatures included for the Debarment Certification (APPENDICES 3)?

If requesting consideration for a admin beyond 5%, is the request complete and signed (APPENDICES 4)?

If a consortium is making an application, is the form completed (APPENDICES 5)?

If a community-based or faith-based organization, volunteer literacy organizations, or public or private nonprofit agency is applying, was APPENDICES 6 and its requirements included?

Was the application submitted prior to February 1, 2017 at 3:00 pm (one hard copy and one electronic copy on a USB flash drive)?

Are all signatures provided where requested and by the appropriate person?

Is the Budget complete and attached (APPENDICES 10)?

Is a budget summary included following the RFP guidance and APPENDICES?

Does the application include the two required signed Memorandum of Understandings (MOU) – See sample MOU in (APPENDICES 15).

Any section or missing information disqualifies the applicant from the review process and is not eligible to receive funding. Do not change the sequence of the application.

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