REQUEST FOR APPLICATIONS

Consolidated Funding Applications for Workforce Development Initiatives

Round 3

Unemployed/Underemployed Worker Training (CFA WDI - UWT)

Issued on
May 4, 2022

[Amended August 5, 2022]

[Amended December 29, 2022]

New York State Department of Labor

Division of Employment and Workforce Solutions
Harriman Office Campus
Building 12, Room 440
Albany NY, 12240

Submission Deadline:
Ongoing, but no later than 4:00 P.M. NYT on June 30, 2023

The New York State Department of Labor is an Equal Opportunity Employer. Auxiliary aids and services
are available upon request to individuals with disabilities.
Table of Contents
I. Funding Opportunity Description ....................................................................................... 3
A. Purpose ............................................................................................................................ 3
B. Background ...................................................................................................................... 3
II. Award Information ............................................................................................................ 3
A. Funding ............................................................................................................................ 3
B. Use of Funds .................................................................................................................... 4
C. Leveraged Funding ........................................................................................................... 8
D. Contracts ......................................................................................................................... 8
E. Contracting Process ......................................................................................................... 9
F. NYSDOL’s Responsibilities ................................................................................................ 9
G. Applicant Requirements ................................................................................................ 10
H. Participation Requirements ........................................................................................... 10
III. Eligibility Information ...................................................................................................... 15
A. Applicant Eligibility ........................................................................................................ 15
B. Trainee Eligibility............................................................................................................ 16
C. Partnering with Career Centers ..................................................................................... 17
D. Program Services ........................................................................................................... 17
IV. Process for Application Submission ................................................................................. 20
A. Questions Concerning this RFA ...................................................................................... 20
B. Assistance in Completing this RFA ................................................................................. 21
C. Application Due Date ..................................................................................................... 21
D. Application Submission Instructions and Format ........................................................... 21
E. Grants Gateway Registration and Prequalification Status ............................................. 23
F. RFA Timetable ................................................................................................................ 23
V. Application Review and Selection .................................................................................... 24
A. Evaluation of Applications ............................................................................................. 24
B. Evaluation Criteria ......................................................................................................... 24
C. Method of Selection ...................................................................................................... 31
VI. Award Administration and Information ........................................................................... 31
A. Award Notices................................................................................................................ 31
B. Payment......................................................................................................................... 32
C. General Requirements ................................................................................................... 33
D. Buy American Requirements ......................................................................................... 33
E. Federal and NYS Executive Orders ................................................................................. 33
F. Reservation Clauses ....................................................................................................... 34
VII. Definitions ....................................................................................................................... 35
VIII. Attachments and Appendices by CFA Portal Question Number................................. 42

CFA WDI – Unemployed/Underemployed Worker Training RFA 2

 I. Funding Opportunity Description
A. Purpose
The purpose of this Consolidated Funding Application (CFA) for Workforce Development Initiatives
(WDI) Unemployed/Underemployed Worker Training (UWT) Program Request for Applications (RFA) is
to secure the services of eligible organizations that can assist the New York State Department of Labor
(NYSDOL) by providing occupational skills training commensurate with regional priorities to
unemployed/underemployed individuals to qualify them for full-time or part-time employment or if
currently employed, a higher level of employment.

Additional points in scoring will be given to programs that train unemployed/underemployed individuals
in priority populations, which include but are not limited to: veterans, individuals with disabilities,
currently or formerly incarcerated individuals, long-term unemployed, and Temporary Assistance for
Needy Families (TANF) or Supplemental Nutrition Assistance Program (SNAP) recipients. The complete
list of priority populations under this program is presented in the Determining Priority Populations (DPP)
attachment of this RFA.

Additional points in scoring will also be given to programs that are targeted to the zones designated
under the Governor’s Gun Violence Prevention Initiative and that incorporate strategies designed to
engage at-risk unemployed, underemployed, or out-of-school youth between the ages of 18 and 24.
The full list of designated zones can be found in Section VII of this RFA.

B. Background
Building on the eight-year success of the CFA for economic development, the CFA WDI was established
in 2019 to support strategic regional efforts that meet businesses' short-term workforce needs, improve
regional talent pipelines, expand apprenticeships, and address the long-term needs of expanding
industries. This investment strategy focuses on emerging fields such as clean energy, health technology,
and computer science, that have a growing demand for jobs. Funding available under this strategy also
seeks to support efforts to improve the economic security of women, youth, and other populations that
face significant barriers to career advancement.

As part of this comprehensive workforce development initiative, NYSDOL is offering two parallel funding
opportunity programs through the CFA portal: UWT and Existing Employee Training (EET). Applicants
may apply for one or both funding opportunity programs as part of this comprehensive approach.
Applicants should apply for all CFA WDI program(s) of interest via one submission. In doing so,
Applicants will only have to answer the CFA portal’s basic questions, such as contact information and
project location, once for all applications.

II. Award Information

A. Funding
Under NYSDOL’s CFA WDI programs, a total of $23M in federal Workforce Innovation and Opportunity
Act (WIOA) funding is being made available, on a first-come, first-serve basis, to provide occupational
skills training commensurate with regional priorities. The UWT Program will provide funding for training
to unemployed/underemployed workers to qualify them for full time or part-time employment or a
higher level of employment. Additional funding may be made available at a later date, depending on

CFA WDI – Unemployed/Underemployed Worker Training RFA 3

program need and the continued availability of funding. Any potential amendments to this RFA,
including additional funding being made available, will be posted on NYSDOL’s website and in the NYS
Contract Reporter. Applications will be accepted and reviewed on an ongoing basis at any time while
this funding opportunity is available. Unsuccessful Applicants have the option to modify their
application and re-submit, if funding and time remain.

UWT awards may not exceed $250,000 per Applicant. Applications that request more than $250,000
will be reviewed and scored by NYSDOL. If the application is awardable, NYSDOL will proportionately
reduce the project funding at the time of award to fit within the maximum funding amount.
Applications unable to remain viable with the reduced funding will not proceed to contract execution.
Therefore, it is highly recommended that Applicants keep the cost and scope of applications within the
maximum award amount.

Applicants must draft their requests for NYSDOL funding as stand-alone training programs. The
application must not be based in whole or in part on the assumption that the Applicant will receive
complementary funding from other CFA or CFA WDI programs or agencies. The amount of funding
requested of NYSDOL must be calculated based on the number of unemployed/ underemployed
workers to be trained. There is no minimum award amount per trainee under the UWT Program.

If the Applicant reduces the number of individuals to be trained at any time prior to or after an award is
issued, the requested level of funding will be proportionately reduced by NYSDOL.

All awards are subject to funding availability.

B. Use of Funds
The UWT Program is intended to fund occupational skills training commensurate with regional priorities
to unemployed/underemployed workers to qualify them for full-time or part-time employment, or a
higher level of employment. Funded training will focus on assisting trainees in completing the
occupational skills training course(s), attaining credentials (if applicable), and entering and retaining
employment. As part of the occupational skills training course, the UWT Program will fund career
development services, which teach job search and attainment skills; career awareness, exploration, and
enhancement skills; and work readiness, employability, and job retention skills. These additional
services may be part of the occupational skills training course(s) but these cannot be stand-alone
course(s). Program services are further described in Section III.D. The full definition of career
development services is found in Section VII of this RFA.

Funds may be used to enlist the services of a training provider to deliver occupational skills training to
unemployed or underemployed workers. Tuition and other fees may not be charged to the unemployed
or underemployed workers served under this UWT funding opportunity. Trainees cannot contribute to
the cost of the training(s).

For those Applicants also applying for CFA WDI EET funding in addition to UWT funds, please note that
funds cannot be combined for use on the same trainees. Each group of trainees must remain separate
and distinct and be trained solely under one NYSDOL CFA WDI program.

Trainings may take place outside of NYS; however, travel and salary costs must be paid by the Applicant
using non-CFA funds. The Applicant must also provide adequate justification for any training that takes
place outside of NYS. Training can also be a distance learning course, but the trainee must be a NYS
resident.

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Please note, while one-on-one training cannot be paid for through this RFA, there is no minimum
number of trainees required and the cost will be reimbursed based on individual trainee attendance;
tuition rate, if applicable; and other allowable itemized budget costs. For example, a single trainee
cannot be trained by an in-house trainer as the sole trainee, but UWT funding can pay for the tuition
costs of a single trainee attending a class at a community college with other individuals who are not
subject to UWT funding. This includes occupational skills training provided by outside vendors or sub-
contractors wherein the cost will be reimbursed based on a per trainee tuition cost.

Applicants that do not have their own training programs are encouraged to enter into contracts with
institutions of higher education, such as community colleges, or other eligible training providers to
facilitate the training of multiple individuals in high-demand occupations. NYSDOL encourages
Applicants to utilize training providers on the Eligible Training Providers List (ETPL), available at
https://applications.labor.ny.gov/ETPL/, but this is not a requirement. In addition, NYSDOL will assist
any Applicant seeking to register a proposed training program on the ETPL. For assistance, please email
ETP@labor.ny.gov.

All proposed expenditures must be reasonable, necessary and clearly related to the purposes and
activities of the proposed training program as described in the Program Design Section (V.B.2.) of this
RFA. NYSDOL reserves the right to ask for justification of proposed expenditures and cost per trainee.

1. Allowable Costs under the UWT program include the following:

• The costs of providing occupational skills training course(s) calculated as the tuition rate of each
course multiplied by the number of prospective trainees in each course. If an Applicant does
not have a published tuition rate, the Applicant must create a tuition rate. Additional
information on what costs may be included in a tuition rate can be found in the Tuition Rate (TR)
attachment;
• Credentialing exam fees;
• Textbooks or training materials directly associated with the training, including electronic devices
required for training (i.e., tablets or laptops) with an acquisition cost of up to $999 per device,
provided that:
o These types of electronic devices have a useful life longer than one year. Applicants and
awarded Contractors must document the long-term need for the item to demonstrate
their benefit to WIOA programs, including, but not limited to:
 Training longer than six months; and
 The continued need for the device post-training for job search and work
purposes, once hired.
o The number of devices charged to the contract cannot exceed the number of enrolled
trainees confirmed with completed Trainee Information Forms (TIFs) and attendance
records;
o Electronic devices must be provided to participants at the start of training and services
rather than at the end as a completion award;
o Documentation of trainee receipt of the devices must be submitted prior to
reimbursement. As part of this documentation, participants must attest that they do
not already own the requested electronic devices, or that they only possess old

CFA WDI – Unemployed/Underemployed Worker Training RFA 5

 inadequate electronic devices and do not have sufficient personal funds to purchase
these items;
o The Applicant/Contractor must follow their own purchase policy for the electronic
devices in compliance with Uniform Guidance. The Applicant/Contractor must also
perform a cost comparison analysis to ensure the cost is reasonable;
o Temporary loaning of such items to participants is also recommended, when
appropriate, so that multiple participants can benefit from one purchase;
o The Applicant/Contractor can emulate and adapt other State agency and public school
loan policies as well as loan agreements that address things such as who periodically
services the electronic device(s) and participant responsibilities for proper care.
Examples include, but are not limited to:
 https://www.southcolonieschools.org/chromebook-faq/;
 https://ocfs.ny.gov/main/cb/equipment_loan.asp; and
 https://qhsls.org/wp-content/uploads/2020/03/QHSLS-Equipment-Loan-
Agreement.pdf.
o Due to potential drop-out rates, the Applicant/Contractor must have a policy to address
recovery of electronic device(s) upon a participant’s early withdrawal from training or
services. Reasonable efforts to recover such items must be documented.
Note: As an alternative to line item budgeting, the Applicant/Contractor can include the cost of
such items in the published or non-published tuition rate (Section V.B.4. of this RFA), justified by
course requirements that a laptop and/or tablet must be used to participate in the training.
• Software required to deliver the program of training;
• Distance learning fees (i.e., the fee for the training slot and software required to deliver the
training program); and
• Supportive services for trainees.

2. Allowable Costs under Supportive Services

This RFA intends to fund supportive services for unemployed/underemployed workers to help remove
the barriers they face in successfully completing occupational skills training; achieving credential(s), if
applicable; and attaining full-time or part-time employment or a higher level of employment.
Supportive services that can be funded through this UWT RFA include:
• Miscellaneous Participant Expenses: Expenses such as child and dependent care, housing, and
trainee transportation that are directly attributable to trainees that are funded by this contract
and not funded by a third party on a referral basis;
• Incentives: Encouragement for participants that meet training benchmarks while participating in
the program; and
• Stipends: Needs related monetary assistance for continued participation in the occupational skills
training program, such as for transportation needs (i.e., Metro Cards).
Note: Supportive services do not include wage subsidies.

CFA WDI – Unemployed/Underemployed Worker Training RFA 6

If supportive services costs are budgeted, the Applicant must provide a full description of the strategies
that will be used to offer supportive services and ensure trainees are able to remain in the occupational
skills training. Examples of supportive services strategies are detailed in Section III.D.

3. Restrictions on Types of Trainings

UWT funding will only pay for the eligible costs identified in the Use of Funds Section (II.B.) of this RFA.
The following types of trainings do not constitute occupational skills training(s) for this RFA and are not
allowed:
• Trainings which begin or occur prior to the contract start date. For additional details regarding
the start date of trainings, please see Section VI.B. (Payment);
• One-on-one training;
• Human Resources training; Basic Safety training; Sexual Harassment training; Diversity training;
or Orientation training (the provision of these types of training is a normal cost of doing
business);
• Stand-alone remedial training (including “soft skills”, such as communication, team development,
conflict resolution);
• Stand-alone Microsoft Office applications (i.e., Word, Excel, PowerPoint, etc.) and other basic
office software applications (i.e., QuickBooks, Adobe, etc.). Note: This refers to stand-alone
courses in individual applications; it does not refer to larger certifications such as Microsoft Office
Specialist or computer applications deemed an essential component of the occupational skills
training program;
• English as a Second Language (ESL) training (as a standalone course); and
• Any other trainings deemed inappropriate by NYSDOL, such as training that does not result in a
transferable skill, activities determined to be business consulting rather than training (i.e.,
coaching, reinforcement, etc.) and any other training(s) that do not meet the intent of the RFA.

If an Applicant is unsure about restricted trainings, it should consider asking specific questions before
the Questions Deadline identified in Section IV.A. of this RFA and listed in the RFA Timetable (Section
IV.F.).

4. Restrictions on the Use of Funds

UWT funding will only pay for the costs directly related to providing training. It will not pay for any of
the following items:
• Training of undocumented workers;
• Participant wages;
• The acquisition, construction, or renovation of buildings or other real estate;
• The purchase of any equipment, defined as an item having a useful life of more than one year
and an acquisition cost of $1,000 or more per unit;
• The purchase of operational software not directly associated with the training (the determination
of being directly associated with the training is at NYSDOL’s discretion);

CFA WDI – Unemployed/Underemployed Worker Training RFA 7

 • Transportation beyond 550 miles, lodging, and meal costs for relocating in-house or
subcontracted trainers for the provision of the proposed training program;
• Advertising (except for recruitment efforts);
• Entertainment;
• Interest costs incurred by provider agencies;
• Costs of organized fundraising;
• Conferences, seminars, or payment of fees associated with attendance at seminars, conferences,
or meetings of professional organizations;
• Start-up costs, curriculum development, and assessment costs on the part of the Applicant; or
• Any other costs deemed inappropriate by NYSDOL and that do not meet the intent of the RFA.

C. Leveraged Funding
Although leveraged funds from the Applicant are not required, additional points will be awarded during
the scoring process based on the percentage of leveraged funds being used.

If costs for the proposed training program are shared with other funding sources, the application must
identify the leveraged resources (both cash match and in-kind resources) used to allocate costs among
funding sources. Any leveraged funding must be indicated in the CFA portal budget table described in
Section V.C.4. of this RFA.

D. Contracts
The contract start date for all contracts resulting from this solicitation may be no earlier than the date of
the award letter issued by NYSDOL and no later than six (6) months after the date of the award letter.
Any training that begins or is paid for prior to the contract start date will fall outside the contract period
and be ineligible for reimbursement. Additionally, any training provided after the contract end date will
also fall outside the contract period and will be ineligible for reimbursement.

After NYSDOL issues an award letter, the award must go through a contract development and contract
execution process and ends with the final execution of the contract. Therefore, if an Applicant chooses
a contract start date that begins prior to contract execution, the Applicant will be operating at risk for
any activities performed prior to the date of final execution of the contract.

Contracts resulting from this solicitation will be awarded for a period of up to one year. Applicants must
include only the training opportunities that can be reasonably accomplished within a one-year time
period. Under extenuating circumstances, limited no-cost contract extensions may be approved at
NYSDOL’s discretion. The length of the extension is dependent on the original contract duration;
however, under no circumstances may the length of the contract plus the extension exceed a total of
fifteen (15) months. All activities funded by the contract must end on or before the end date of the
contract and any activities that occur after the contract end date are not eligible for reimbursement
under the contract.

Once a contract is developed and formally executed, the successful Applicant will be considered a
NYSDOL Contractor. Funds will be released to the Contractor on a cost reimbursable basis. This means
that a Contractor must first pay the expenses and then submit a voucher to NYSDOL for reimbursement.

CFA WDI – Unemployed/Underemployed Worker Training RFA 8

Vouchers must be submitted to NYSDOL on the prescribed forms before payment is made. For cost
reimbursements to be approved, certain records must be kept, and specific documents submitted at
intervals specified by NYSDOL. Additional details on reimbursements and payments are outlined in the
Payment Section (VI.B) of this RFA.

Please note that NYSDOL must adhere to NYS Prompt Contracting Law timeframes for executing
contracts awarded to not-for-profits (NFP) entities. This Law provides for interest payments when
contract payments are late due to untimely processing of contracts. However, if there are delays in the
contract process on the part of the Contractor, Suspension of Prompt Contracting timeframe letters may
be issued to render the Contractor ineligible for interest for the number of days of delay.

In addition, the United States Department of Labor (USDOL) or NYSDOL may conduct an independent
evaluation of the outcomes and benefits of UWT funding. By accepting an UWT Program award under
this RFA, the Applicant agrees to participate in any such evaluation.

E. Contracting Process
In keeping with the Governor’s promise to reform NYS’ grant contracting process, NYS has established a
standardized statewide grant contracting system called the Grants Gateway, which is designed to
facilitate prompt contracting.

All Applicants are required to register in this system in order to enter into a contract with NYS. All
Applicants must log-in to the Grants Gateway website at https://grantsmanagement.ny.gov/register-
your-organization and follow the instructions to complete the registration. The registration form,
organization chart, and substitute W-9 must be signed, notarized and emailed to Gateway
Administrators at GrantsReform@its.ny.gov. Plan accordingly to avoid potential delays in applying
for upcoming grant opportunities.

NFP organizations must take the additional step of prequalifying by completing a basic profile and
storing organizational documents. Both registration and prequalification must be completed by NFP
organizations prior to submitting an application. Failure to do so will mean that their applications will
not be reviewed. NFP organizations will be able to submit their responses online, and once reviewed
and approved by a NYS agency prequalification specialist, the NFP organization will be able to submit an
application. All information is stored in a virtual, secured vault. NFP organizations must keep their
information current throughout a three-year period, including uploading annual documents (i.e., 990,
etc.).

For additional information on registration and prequalification, please log on to the Grants Gateway
website at https://grantsmanagement.ny.gov/register-your-organization (registration) or
https://grantsmanagement.ny.gov/get-prequalified (prequalification).

For additional technical assistance with the Grants Gateway website, please note:
• Hours of Operation: Monday through Friday, 8:00 A.M. to 4:00 P.M. NYS Time;
• Phone Number: 1/518-474-5595;
• Email: grantsgateway@its.ny.gov; and
• Grants Management Website: https://grantsmanagement.ny,gov/.

F. NYSDOL’s Responsibilities

CFA WDI – Unemployed/Underemployed Worker Training RFA 9

NYSDOL will oversee implementation of the contract(s) resulting from this RFA, including regular
monitoring of implementation and performance of the contract(s).

Funding for the activities outlined in this RFA will come from funds available under WIOA and is subject
to NYS and Federal legislative appropriation. NYSDOL staff will ensure accurate and timely reporting of
program outcomes as well as Federal evaluation documentation as required by the USDOL.

G. Applicant Requirements
By submission of an application in response to this solicitation, Applicants agree with the Minimum
Threshold Requirements Section (V.B.1) of this RFA and all of the terms and conditions set forth in the
attachments to this RFA.

Applicants must comply with the Combined Terms and Conditions (CTC), which will be incorporated into
the Master Contract (MC) of successful Applicants. These terms and conditions are included with no
sections to be filled in. The process of downloading and uploading the CTC document confirms for
NYSDOL that the Applicant has received, reviewed, and accepts the content of the document.

The Applicant shall be responsible for any costs incurred by the Applicant in the application preparation,
or in activities related to the review of this application.

H. Participation Requirements
Please refer to Section VIII (Attachments and Appendices) for further information on these participation
requirements.

1. Business Participation Opportunities for MWBEs

Pursuant to NYS Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules
and Regulations (NYCRR), NYSDOL is required to promote opportunities for maximum feasible
participation of NYS certified Minority and Women-owned Business Enterprises (“MWBEs”) and the
employment of minority group members and women in the performance of the NYSDOL contracts.

a. Contract Goals

For purposes of this solicitation, NYSDOL hereby establishes an overall goal of 30% for MWBE
participation, 15% for NYS certified minority-owned business enterprises (“MBE”) participation and 15%
for NYS certified women-owned business enterprises (“WBE”) participation (based on the current
availability of MBEs and WBEs). A Contractor awarded funds from this RFA must document its good
faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the
performance of the contract. To that end, by submitting a response to this RFA, the Applicant agrees
that NYSDOL may withhold payment pursuant to any contract awarded as a result of this RFA pending
receipt of the required MWBE documentation. The directory of MWBEs can be viewed at:
https://ny.newnycontracts.com. For guidance on how NYSDOL will evaluate a Contractor’s “good faith
efforts,” refer to 5 NYCRR §142.8.

The Applicant understands that only sums paid to MWBEs for the performance of a commercially useful
function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the
applicable MWBE participation goal. The portion of a contract with an MWBE serving as a broker that

CFA WDI – Unemployed/Underemployed Worker Training RFA 10

shall be deemed to represent the commercially useful function performed by the MWBE shall be 25% of
the total value of the contract.

In accordance with 5 NYCRR §142.13, the Contractor further acknowledges that if it is found to have
willfully and intentionally failed to comply with the MWBE participation goals set forth in a contract
resulting from this RFA, such finding constitutes a breach of contract and NYSDOL may withhold
payment as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums
identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all
sums actually paid to MWBEs for work performed or materials supplied under the contract.

By submitting an application, the Applicant agrees to demonstrate its good faith efforts to achieve the
applicable MWBE participation goals by submitting evidence thereof through the NYS Contract System
(“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that the
Applicant may arrange to provide such evidence via a non-electronic method by contacting:

NYSDOL
Purchase and Contracts, MWBE Administrator
State Campus
Building 12, Room 454
Albany, NY 12240
518-474-2678

b. MWBE Utilization Plan (MWBE 100, MWBE-4)

An Applicant will be required to submit the MWBE Utilization Plan with its application as evidence of
compliance with the foregoing. Any modifications or changes to an accepted MWBE Utilization Plan
after the contract award and during the term of the contract must be reported on a revised MWBE
Utilization Plan and submitted to NYSDOL for review and approval.

NYSDOL will review the submitted MWBE Utilization Plan and advise the Applicant of acceptance or
issue a notice of deficiency within 30 days of receipt.

If a notice of deficiency is issued, the Applicant will be required to respond to the notice of deficiency
within seven (7) business days of receipt by submitting to NYSDOL, a written remedy in response to the
notice of deficiency. If the written remedy that is submitted is not timely or is found by NYSDOL to be
inadequate, NYSDOL shall notify the Applicant and direct the Applicant to submit, within five (5)
business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the
waiver form in a timely manner may be grounds for disqualification of the application.

NYSDOL may disqualify an Applicant as being non-responsive under the following circumstances:
• If an Applicant fails to submit a MWBE Utilization Plan (MWBE 100, MWBE-4);
• If an Applicant fails to submit a written remedy to a notice of deficiency;
• If an Applicant fails to submit a MWBE 101, Request for Waiver (MWBE 101, MWBE-5); and/or
• If NYSDOL determines that the Applicant has failed to document good faith efforts.

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The Contractor is required to make good faith attempts to utilize any MBE or WBE identified within its
MWBE Utilization Plan, during the performance of the contract. Requests for a partial or total waiver of
established goal requirements subsequent to contract award may be made at any time during the term
of the contract to NYSDOL but must be made prior to the submission of a request for final payment on
the contract.

The Contractor will be required to submit a MWBE Quarterly Compliance Report (MWBE-6)() to NYSDOL,
by the 10th day following each end of quarter over the term of the contract documenting the progress
made toward achievement of the MWBE goals of the contract.

2. Equal Employment Opportunity Staffing Plan

An Applicant will be required to submit EEO 100 (EEO 100, MWBE-2) with its application as evidence of
compliance with the foregoing.

By submission of an application in response to this solicitation, the Applicant agrees with all of the terms
and conditions of the Master Contract (MC) and the Combined Terms and Conditions (CTC), specifically
Section VI.J. Contractors are required to ensure that it and any subcontractors awarded a subcontract
for the construction, demolition, replacement, major repair, renovation, planning or design of real
property and improvements thereon (the "Work"), except where the Work is for the beneficial use of
the contractor, undertake or continue programs to ensure that minority group members and women are
afforded equal employment opportunities without discrimination because of race, creed, color, national
origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the
areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff,
termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i)
work, goods, or services unrelated to the contract; or (ii) employment outside NYS.

The Applicant will be required to submit a Minority and Women-Owned Business Enterprises and Equal
Employment Opportunity Policy Statement (MWBE-1) to NYSDOL with its application.

If awarded a contract, Applicants shall submit a Workforce Utilization Report (EEO 101, MWBE-3) and
shall require each of its subcontractors to submit a Workforce Utilization Report, in such format as shall
be required by NYSDOL on a quarterly basis during the term of the contract.

Pursuant to Executive Order #162, Contractors and subcontractors will also be required to report the
gross wages paid to each of their employees for the work performed by such employees on the contract
utilizing the EEO 101 (MWBE-3) form on a quarterly basis.

Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other NYS and Federal
statutory and constitutional non-discrimination provisions, the Contractor and subcontractors will not
discriminate against any employee or applicant for employment because of race, creed (religion), color,
sex, national origin, sexual orientation, military status, age, disability, predisposing genetic
characteristic, marital status or domestic violence victim status, and shall also follow the requirements
of the NYS Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction
and prior arrest.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-
responsiveness, non-responsibility and/or a breach of the contract, leading to the withholding of funds,
suspension or termination of the contract or such other actions or enforcement proceedings as allowed
by the contract.

CFA WDI – Unemployed/Underemployed Worker Training RFA 12

3. Participation Opportunities for NYS SDVOBs

Article 17-B of the NYS Executive Law provides for more meaningful participation in public procurement
by certified Service-Disabled Veteran-Owned Businesses (“SDVOB”), thereby further integrating such
businesses into NYS’ economy. NYSDOL recognizes the need to promote the employment of service-
disabled veterans and to ensure that certified service-disabled veteran-owned businesses have
opportunities for maximum feasible participation in the performance of NYSDOL contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their
economic activity in doing business in NYS, Applicants are expected to consider SDVOBs in the
fulfillment of the requirements of the contract. Such participation may be as subcontractors or
suppliers, as protégés, or in other partnering or supporting roles.

a. Contract Goals

NYSDOL hereby establishes an overall goal of 6% for SDVOB participation, based on the current
availability of qualified SDVOBs. For purposes of providing meaningful participation by SDVOBs, the
Applicant/Contractor should reference the directory of NYS Certified SDVOBs found at:
https://online.ogs.ny.gov/SDVOB/search. Questions regarding compliance with SDVOB participation
goals should be directed to NYSDOL, SDVOB Administrator, Purchase and Contracts, State Campus,
Building 12, Room 454, Albany, NY 12240; Email: Labor.sm.SDVOBAdmin@labor.ny.gov; Phone: 518-
474-2678. Additionally, following contract execution, Contractor is encouraged to contact the Office of
General Services’ Division of Service-Disabled Veterans’ Business Development at 518-474-2015 or
VeteransDevelopment@ogs.ny.gov to discuss additional methods of maximizing participation by
SDVOBs on the contract.

Contractor must document “good faith efforts” to provide meaningful participation by SDVOBs as
subcontractors or suppliers in the performance of the contract (see Section II.G.3.d. below).

b. SDVOB Utilization Plan (SDVOB 100, SDVOB-1)

In accordance with 9 NYCRR § 252.2(i), Applicants are required to submit a completed SDVOB Utilization
Plan with their applications.

The Utilization Plan shall list the SDVOBs the Applicant intends to use to perform the contract, a
description of the work the Applicant intends the SDVOB to perform to meet the goals on the contract,
the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of
contract work the SDVOB will perform. By signing the Utilization Plan, the Applicant acknowledges that
making false representations or providing information that shows a lack of good faith as part of, or in
conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties
including, but not limited to, termination of a contract for cause, loss of eligibility to submit future
applications, and/or withholding of payments. Any modifications or changes to the agreed participation
by SDVOBs after the contract award and during the term of the contract must be reported on a revised
SDVOB Utilization Plan and submitted to NYSDOL.

NYSDOL will review the submitted SDVOB Utilization Plan and advise the Applicant of NYSDOL’s
acceptance or issue a notice of deficiency within 20 days of receipt.

If a notice of deficiency is issued, the Contractor agrees that it shall respond to the notice of deficiency,
within seven business days of receipt, by submitting to NYSDOL a written remedy in response to the

CFA WDI – Unemployed/Underemployed Worker Training RFA 13

notice of deficiency. If the written remedy that is submitted is not timely or is found by NYSDOL to be
inadequate, NYSDOL shall notify the Contractor and direct the Contractor to submit, within five business
days of notification by NYSDOL, a request for a partial or total waiver of SDVOB participation goals
(SDVOB 200, SDVOB-3). Failure to file the waiver form in a timely manner may be grounds for
disqualification of the application.

NYSDOL may disqualify an Applicant’s application as being non-responsive under the following
circumstances:
• If an Applicant fails to submit a SDVOB Utilization Plan (SDVOB 100, SDVOB-1);
• If an Applicant fails to submit a written remedy to a notice of deficiency;
• If an Applicant fails to submit a request for waiver (SDVOB 200, SDVOB-3); and/or
• If NYSDOL determines that the Applicant failed to document good faith efforts.

If awarded a contract, the Contractor certifies that it will follow the submitted SDVOB Utilization Plan for
the performance of SDVOBs on the contract pursuant to the prescribed SDVOB contract goals set forth
above.

Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a
material breach of the terms of the contract. Upon the occurrence of such a material breach, NYSDOL
shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor
non-responsibility.

c. Request for Waiver (SDVOB 200, SDVOB-3)

Prior to submission of a request for a partial or total waiver, Applicants may speak to the SDVOB
Administrator at NYSDOL for guidance.

In accordance with 9 NYCRR § 252.2(m), an Applicant that is able to document good faith efforts to meet
the goal requirements, as set forth in Section II(G)(3)(d) below, may submit a request for a partial or
total waiver on Form SDVOB 200 (SDVOB-3), accompanied by supporting documentation. An Applicant
may submit the request for waiver at the same time it submits its SDVOB Utilization Plan (SDVOB-1). If a
request for waiver is submitted with the SDVOB Utilization Plan (SDVOB-1) and is not accepted by
NYSDOL at that time, the provisions of Sections II(G)(3)(c-e) of this RFA will apply. If the documentation
included with the Applicant’s waiver request is complete, NYSDOL shall evaluate the request and issue a
written notice of acceptance or denial within 20 days of receipt.

The Contractor is required to make good faith attempts to utilize the SDVOBs identified within its SDVOB
Utilization Plan (SDVOB-1), during the performance of the contract. Requests for a partial or total waiver
of established goal requirements subsequent to contract award may be made at any time during the
term of the contract to NYSDOL but must be made prior to the submission of a request for final payment
on the contract.

If NYSDOL, upon review of the SDVOB Utilization Plan and Monthly SDVOB Compliance Report (SDVOB
101, SDVOB-2) determines that the Contractor is failing or refusing to comply with the contract goals
and no waiver has been issued in regard to such non-compliance, NYSDOL may issue a notice of
deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven
business days of receipt. Such response may include a request for partial or total waiver of SDVOB
contract goals.

CFA WDI – Unemployed/Underemployed Worker Training RFA 14

Waiver requests should be sent to NYSDOL, Purchase and Contracts, SDVOB Administrator, State
Campus, Building 12, Room 454, Albany, NY 12240. Email: labor.sm.SDVOBAdmin@labor.ny.gov.

d. Required Good Faith Efforts

In accordance with 9 NYCRR § 252.2(n), contractors must document their good faith efforts toward
utilizing SDVOBs on the contract. Evidence of required good faith efforts shall include, but not be
limited to, the following:

• Copies of solicitations to SDVOBs and any responses thereto.

• Explanation of the specific reasons each SDVOB that responded to Contractors’ solicitation
was not selected.
• Dates of any pre-application, pre-award or other meetings attended by Contractor, if any,
scheduled by NYSDOL with certified SDVOBs whom NYSDOL determined were capable of
fulfilling the SDVOB goals set in the contract.
• Information describing the specific steps undertaken to reasonably structure the contract
scope of work for the purpose of subcontracting with, or obtaining supplies from, certified
SDVOBs.
• Other information deemed relevant to the waiver request.

e. Monthly SDVOB Contractor Compliance Report (SDVOB 101, SDVOB-2)

In accordance with 9 NYCRR § 252.2(q), the Contractor is required to report Monthly SDVOB Contractor
Compliance Report to NYSDOL during the term of the contract for the preceding month’s activity,
documenting progress made towards achieving the contract SDVOB goals. This information must be
submitted using form SDVOB 101 (SDVOB-2) available on NYSDOL’s website and should be completed by
the Contractor and submitted to NYSDOL, by the 10th day of each month during the term of the
contract, for the preceding month’s activity to: NYSDOL, SDVOB Administrator, Purchase and Contracts,
State Campus, Building 12, Room 454, Albany, NY 12240. Email: Labor.sm.SDVOBAdmin@labor.ny.gov;
Phone: 518-474-2678.

f. Breach of Contract and Damages

In accordance with 9 NYCRR § 252.2(s), any Contractor found to have willfully and intentionally failed to
comply with the SDVOB participation goals set forth in the contract, shall be found to have breached the
contract and Contractor shall pay damages as set forth therein.

III. Eligibility Information

A. Applicant Eligibility
Eligible Applicants for UWT funding include for-profit entities, including corporations, LLCs, LLPs, etc.;
NFP entities; municipalities; and educational institutions, including colleges and universities which:
• Have two (2) or more full-time employees or the equivalent of two (2) full-time employees
throughout the duration of the contract. Principals of corporations and owners of businesses such
as sole proprietors or partners, are not considered to be employees for this eligibility requirement.
Cooperative owner employees who do not serve on the board of directors are considered to be

CFA WDI – Unemployed/Underemployed Worker Training RFA 15

 employees for this eligibility requirement. An Applicant is not eligible to apply if it has no
employees or if the workers are independent contractors, subcontractors or contract employees.
However, if an Applicant leases its employees for payroll and tax reporting purposes, and has
authority over the hiring, firing and scheduling of workers, it is eligible for funding consideration;
• Are in good standing with regard to the laws, rules, and regulations for: Unemployment Insurance
(UI), Worker Adjustment and Retraining Notification Act (WARN), Public Work, Labor Standards,
Safety and Health, NYS Department of State Division of Corporations, Workers Compensation
Insurance, and Disability Insurance; and
• Are, or have partnerships with, business(es) that commit to interview and consider trainees for
employment.

Local Workforce Development Boards (LWDBs) have the authority to enter into contracts with
institutions of higher education, such as community colleges, or other eligible training providers, to
facilitate the training. LWDBs may not deliver training directly with these WIOA funds. Unincorporated
LWDBs applying for funds pursuant to this RFA, must designate the local area’s WIOA grant recipient or
fiscal agent as the official Applicant for any proposal under this RFA.

UWT funds are separate from any other workforce development funding an Applicant may have
received from NYSDOL. Applicants with existing or pending contracts with NYSDOL remain eligible to
apply for funding under this UWT RFA, but the application must not propose the same services to the
same individuals as the existing or pending NYSDOL contract(s). In addition, the payments requested
from awarded contracts under this RFA cannot duplicate reimbursement that is requested or received
from other sources of funding.

Consultants, trade organizations and other third-party entities are not eligible to apply for UWT Program
funds on behalf of other organizations.

The use of a grant writer is acceptable if the Applicant, and not the grant writer, commits to
implementing the proposed training program, if the application is successful.

Eligible Applicants must attest to the Minimum Threshold Requirements as outlined in the Evaluation
Criteria Section (V.B.) of this RFA.

An Applicant and its components are only eligible for one award at a time under this RFA (see Section
VI.A. for more information on when Applicants that have already received funding are eligible for an
additional award), not one per location, and are subject as a whole to the funding limitations described
in this RFA. Separate operations or locations of an eligible Applicant may apply separately if they have
different Federal Employer Identification Numbers (FEINs). However, NYSDOL will also have to confirm
that all such branches, locations, and companies are not part of a greater whole. The Research
Foundations of the State University of New York (SUNY) and the City University of New York (CUNY), if
they are submitting applications on behalf of more than one college, are exempt from this requirement.

B. Trainee Eligibility
Trainees must be unemployed or underemployed workers residing in NYS that are seeking occupational
skills training in order to qualify for full-time or part-time employment or to obtain higher level
employment. For the full definition of underemployed, please see Section VII.

CFA WDI – Unemployed/Underemployed Worker Training RFA 16

In particular, this UWT RFA will provide additional points in scoring to applications indicating a plan to
train unemployed or underemployed individuals in priority populations. Priority populations are
defined, in Section VII, as individuals who meet the WIOA definition of individuals with barriers to
employment and include: Displaced homemakers; Low income individuals; Native Americans; Individuals
with disabilities (including youth with disabilities and recovering drug addicts); Older individuals;
Individuals currently and formerly involved in the justice system; Homeless individuals or homeless
youth; Youth who are in or have aged out of the foster care system; Individuals who are English
language learners; Individuals who have low levels of literacy; Migrant and seasonal farm workers; and
Single parents (including single pregnant women).

In addition, as permitted by WIOA Section 3(24) for this UWT funding opportunity, NYSDOL recognizes
the following individuals as having barriers to employment: Long term unemployed workers (defined as
individuals who, at the time the UWT-funded program starts, have been unemployed for 20 weeks or
more); TANF and SNAP recipients; and Veterans.

Please note that this solicitation is federally funded, therefore all men born on or after January 1, 1960,
who will be served under this RFA, must be registered with Selective Service.

If a male participant is between the ages of 18 and 26, he may register online at
https://www.sss.gov/Registration-Info and provide his registration number on the Trainee Information
Form. If a male participant is not registered and is 26 years of age or older, he must sign an Attestation
stating that his failure to register was not willful. The Trainee Information Form and the Attestation
Form will be provided to each Applicant after an award is made.

A list of those who are required by law to register with Selective Service may be found online at
https://www.sss.gov/Registration-Info/Who-Registration.

C. Partnering with Career Centers

Career Centers in NYS offer a variety of reemployment services to unemployed and underemployed
workers. These services include but are not limited to: an initial assessment; job search strategies and
assistance; cover letter and resume assistance; interview skills; mock interviews; Job Zone access;
referrals for eligible social services; programs for individuals involved in the justice system; immigrant
worker programs; assistance to persons with disabilities; and other supports. Services such as
comprehensive assessment, career guidance, job search, job matching, career counseling or supportive
services may be provided when designed to help participants and to ensure long-term employment.

While a formal partnership agreement is not required, partnering with one or more of the WIOA
mandated Career Center partners may complement the services provided by Applicants and enhance
benefits available to trainees under this RFA. In addition, Applicants providing evidence of partnership
with one or more of the mandated partners will receive extra points in scoring. Please refer to Section
VII for the full list of Career Center partners.

The Career Center may refer interested and eligible unemployed or underemployed worker(s) to
Applicants who receive an award under this RFA. However, Applicants are fully responsible for the
identification of eligible trainees for the awarded training program.

D. Program Services

CFA WDI – Unemployed/Underemployed Worker Training RFA 17

1. Occupational Skills Training and Career Development Services

Applicants will be required to describe their strategies to offer career development services, which
teach job search and attainment skills; career awareness, exploration, and enhancement skills; and
work readiness, employability, and job retention skills.

Applicants will also be awarded extra points for showing alignment with the WIOA Regional Plan and
evidence of partnership with WIOA Career Center partners or other community-based
organizations.

Occupational skills training and career development services are defined in Section VII.

2. Supportive Services

Strategies for providing supportive services may include but are not limited to:
• Implementing individual or group mentoring strategies, which may include utilizing program
graduates and business representatives in training delivery and support groups;
• Providing robust monetary and non-monetary incentives for retention, and strategies related
to concrete benchmarks as trainees move through the course(s) (if providing these incentives,
include detail on the benchmarks and amount to be paid per benchmark);
• Providing services such as stipends or remuneration that address the needs of prospective
trainees for services such as childcare, transportation, and housing (if providing these services,
include detail on the services provided). Applicants may consider using the Employability
Profile at JobZone - https://dol.ny.gov/jobzone;
• Establishing a strong and meaningful referral system with partner agencies to ensure
supportive services are available to trainees and follow up with agencies and trainees takes
place regularly;
• Providing case management of trainees with regular contact (weekly) at the onset of training
and employment (in person, phone, social media) and gradually reducing this contact as new
hires are acclimated to the job; or
• Maintaining regular contact with business(es) after hires are made to assist with any
difficulties that may arise during the trainee’s transition to the position.

3. Business Engagement

Business engagement in the development of curriculum delivery and implementation ensures

improved trainee outcomes and enhances the competitive edge for industry. This can include business
representatives as guest speakers or co-facilitators of training modules or business mentors to
strengthen trainee comprehension of the expectations of the workplace through one-on-one
interactions. Applicants will be required to demonstrate business engagement in their occupational
skills training and job placement efforts, using the Business Engagement (BE) attachment, and utilizing
the Occupational Information Network (O*NET), which can be found online at
http://www.onetonline.org/.

O*NET is an interactive application for exploring and searching occupations and their distinguishing key
features. O*NET provides a universal classification of more than 900 occupations with key features
required by workers, such as: tasks performed, knowledge, abilities, skills, typical education, and work

CFA WDI – Unemployed/Underemployed Worker Training RFA 18

 experience. O*NET also provides information on wages and employment prospects of each
occupation. O*NET is developed under the sponsorship of the USDOL’s Employment and Training
Administration (ETA). For further information regarding O*NET, please refer to Section VII of this RFA.

Applicants must utilize O*NET OnLine to identify the O*NET codes of the positions that businesses
commit to interview trainees for and enter these codes in the BE attachment. Details on finding the
O*NET code of an occupation is provided in the O*NET and Job Zone Information (OJZ) attachment of
this RFA.

4. Credentials

Occupational skills training may assist in the development of a career ladder which improves a trainee’s
skills, often providing a credential to the trainee, while also leading to a long-term career in higher skills
occupations.

Credential is defined as an attestation of qualifications or competence issued to an individual by a third

party (such as an educational institution or an industry or occupational certifying organization) with the
relevant authority or assumed competence to issue such a credential. A credential is not a certificate of
completion for a course. Examples of credentials include:
• A secondary school diploma or its recognized equivalent; and
• Recognized postsecondary credentials which include Associate’s and Bachelor’s degrees;
occupational licensures; occupational certificates, including Registered Apprenticeship and Career
and Technical Education educational certificates; occupational certifications; and other recognized
certificates of industry/occupational skills completion sufficient to qualify for entry-level or
advancement in employment.

Recognized postsecondary credentials must be awarded in recognition of an individual’s attainment of

measurable technical or industry/occupational skills and not the attainment of work readiness or
general skills only (i.e., safety, hygiene, and basic data security.

Credentials are generally achieved for skills improvements that are crucial to talent development for
businesses and are often portable and transferable across multiple industries. Stackable credentials,
which are part of a sequence of credentials that can be accumulated over time, build up an individual’s
qualifications and help the individual to move along a career ladder to potentially higher-paying jobs.

While an Applicant can apply if the proposed training program does not provide a credential, additional
points will be awarded during the scoring process to those programs that help trainees achieve
credential(s) given by third-party issuers or accredited institutions.

Credential is defined in Section VII of this RFA.

5. Alignment with WIOA Regional Priorities

Applicants that align their proposed occupational skills training program with the priorities outlined in
WIOA Regional Workforce Plans regarding priority industries and sector strategies will be awarded
additional points in scoring. Regional Plans from 2021 may be found at https://dol.ny.gov/workforce-
development-plans. A spreadsheet of priority industries by region from the Regional Plans is attached
to this RFA (PIR Attachment).

CFA WDI – Unemployed/Underemployed Worker Training RFA 19

 Applicants can propose training for multiple titles within a selected industry or across industries based
on the occupational skill training need of the partnering business(es). While the identification of
multiple industries is allowed, Applicants must indicate a single industry to which the majority of the
proposed program will serve.

6. Target Geography

UWT funding will promote availability of occupational skills training programs leading to employment of
trainees in distressed communities by providing additional points during scoring to programs identified
as serving counties identified in high need areas. Applicants must determine which county the proposed
training program will serve. If multiple counties will be served, Applicants are asked to identify the
county to which the majority of the trainees will be from. NYSDOL will make a determination if the
proposed training program is offered in locations of high, moderate, or low need counties (see the full
list of Counties of Need in Section VII of this RFA).

7. Reporting Requirements

The Contractor must submit individual participant level data to NYSDOL. NYSDOL staff will record this
data in the One-Stop Operating System (OSOS).

OSOS is NYSDOL’s case management system and is used to record basic participant information, as well
as to track the provision of required services. OSOS is a web-based job matching, case management,
and reporting system that allows workforce professionals to effectively manage workforce development
programs.

Contractors will be required to document trainee information specifically on Trainee Information Forms
(TIFs). The personal information collected on the TIF is required for reporting purposes for federally
funded grants, as well as by the State, and will be data entered into OSOS to report obtained
employment. Personally Identifiable Information (PII) is securely stored on the Grants Gateway system
and NYS servers, where only authorized individuals can access the necessary information and where
data is protected by high-level security settings administered by the NYS Office of Information
Technology Systems (ITS).

NYSDOL may also require quarterly reports on program updates, progress, and success. This may include
information beyond the available data in OSOS.

IV. Process for Application Submission

A. Questions Concerning this RFA
Applicants may submit questions via electronic mail to CFA@labor.ny.gov. Questions regarding the RFA
will be accepted on an ongoing basis, but no later than June 9, 2023. No telephone inquiries will be
accepted. All inquiries should include the following reference in the Subject line: “CFA WDI UWT
Question.” Answers to all questions will be posted on the NYSDOL Funding Opportunities website on an
ongoing basis, but no later than June 16, 2023.

The NYSDOL CFA WDI Team cannot see applications in the CFA portal until Applicants successfully
complete the threshold questions and are in progress. The NYSDOL CFA Team can only answer program
related questions. Applicants should direct any technical questions about the CFA portal to cfa-
tech@ny.gov.

CFA WDI – Unemployed/Underemployed Worker Training RFA 20

B. Assistance in Completing this RFA
Eligible Applicants may speak with a NYS Career Center Business Services Representative (BSR) for
technical assistance or support during the development of the proposed training program. BSRs contact
information may be found at the following link: p469-services-for-businesses-2-22_0.pdf (ny.gov).

C. Application Due Date

The completed application with all required attachments must be submitted through the CFA portal,
https://apps.cio.ny.gov/apps/cfa/, on an ongoing basis but no later than 4:00 P.M. NYT on June 30,
2023. Any applications or unsolicited amendments to applications received after the due date and time
will not be considered in the review process. NYSDOL takes no responsibility for any third-party error in
the delivery of applications (i.e., public computer access, internet service provider, etc.).

D. Application Submission Instructions and Format

All fields in the application must be completed in the CFA portal, available online at
https://apps.cio.ny.gov/apps/cfa/. The CFA portal institutionalized the role of the REDCs in identifying
priorities for NYS resources. The CFA portal is a modern and easy-to-use application, providing
resources to help Applicants, and includes the CFA application step-by-step guide with screenshots, CFA
application questions and answers, and recorded webinars.

Applications must be marked as “submitted” in the CFA portal to be reviewed. No faxed or hard copy
applications will be accepted. If the Applicant does not have the technological capability to access,
complete and submit the CFA, it may do so at its nearest Career Center (please find the nearest location
on NYSDOL’s website).

Once the application is submitted, there is no ability to resubmit or edit a threshold question. The
Applicant will need to register with a new token and start a brand-new application if a threshold
question was answered incorrectly.

Applicants should apply for all CFA WDI program(s) of interest via one submission. In doing so, answers
to the CFA portal’s basic questions, such as contact information and project location, will only be
required to be entered once.

To ensure that questions specific to the program(s) to which the Applicant is applying are answered, the
Applicant should log into the application in the CFA portal and click the word “Programs” located toward
the left of the screen, just below the Application number. From this screen, the Applicant can add or
remove programs and their associated questions.

All required documents must be completed and uploaded as attachments in the CFA portal. Please note
that uploading blank, incomplete or unsigned attachments to the application may render the Applicant
ineligible for funding consideration.

Required application attachments and the requested submission format are listed below:
1) Business Engagement (BE) – Excel format;
2) Work Plan Attachment (WPA) – PDF format;
3) Detailed Budget Attachment (DBA) – Excel format;

CFA WDI – Unemployed/Underemployed Worker Training RFA 21

 4) Cost Comparison Worksheet (CCW) – PDF format;
5) Key Contacts (KC) – Excel format;
6) Application for Competitively Bid Contract (ACBC) – Signed and in PDF format;
7) Vendor Responsibility - Applicant Questionnaire (VRAQ)– Signed and in PDF format;
8) NYS Executive Order 177 Certification (EO) – Signed and in PDF format;
9) MWBE and EEO Policy Statement (MWBE-1) – Signed and in PDF format;
10) EEO Staffing Plan (MWBE-2) – Signed and in PDF format;
11) MWBE Utilization Plan (MWBE-4) and/or Application for Waiver of MWBE Participation Goal
(MWBE-5) – Signed and in PDF format; and
12) SDVOB Utilization Plan (SDVOB-1) and/or Application for Waiver of SDVOB Participation Goal
(SDVOB-3) – Signed and in PDF format.

The contact information for all business(es) committing to interview and consider trainees must be
included in the BE attachment.

Applicants must acknowledge that they have reviewed the informational attachments prior to the
submission of the application in Standard Question 12455. Failure to answer this question will prohibit
the Applicant from proceeding with submission of the application.
1) Appendix – Unemployed/Underemployed Worker Training Request for Application;
2) Appendix – Tuition Rate;
3) Appendix – Grants Gateway Prequalification Requirement;
4) Appendix – O*NET and Job Zone Information;
5) Appendix – Priority Industries by Region;
6) Appendix – Determining Priority Populations;
7) Appendix – WIOA Partner Contact Information;
8) Appendix – Standard Clauses for all NYS Contracts;
9) Appendix – Combined Terms and Conditions;
10) Appendix – General Information for Successful Bidders/Applicants;
11) Appendix – Master Contract;
12) Appendix – WIOA References;
13) Appendix – Minority and Women-Owned Business Enterprises (MWBE) and Equal Employment
Opportunity (EEO) Requirements and Procedures;
14) Appendix – EEO 101 – Workforce Utilization Report;
15) Appendix – MWBE 105 – MWBE Quarterly Compliance Report;
16) Appendix – Service-Disabled Veteran-Owned Businesses (SDVOB) Requirements and
Procedures; and
17) Appendix – SDVOB 101 – SDVOB Monthly Compliance Report.

CFA WDI – Unemployed/Underemployed Worker Training RFA 22

E. Grants Gateway Registration and Prequalification Status
As indicated in Section II.E. of this RFA, all interested parties must be registered in the Grants Gateway
prior to application submission and all non-governmental NFP Applicants must be designated in one of
the status categories listed below prior to application submission:

Document Vault Prequalified

• Fully Prequalified

Document Vault Prequalified Open

• If an organization proactively opens its document vault before the required documents
expire, it will go to this status.
i. The Organization will not lose prequalification status unless an expiration date passes.
ii. This allows NFPs to apply for funding opportunities without losing prequalification status.

Document Vault Prequalified/In review

• This status is only available if an organization has proactively opened its vault prior to
document expiration and has submitted it with updated documents.
i. The organization is still considered prequalified during this status EVEN IF the expiration
date passes.

Document Vault Prequalified/Open for Prequalification Specialist (PQS) Edits

• NYSDOL is making edits and prequalification status is maintained.

Once it is determined that a non-governmental NFP Contractor is prequalified, the organization must
maintain prequalification status during the contract period. The organization will be given an
opportunity to submit documents and information to the Grants Gateway in order to maintain or regain
prequalification status.

For more information about Grants Gateway and Prequalification, please visit the Grants Gateway
website https://grantsmanagement.ny.gov or contact the Grants Management Team at:
grantsreform@its.ny.gov. The Grants Management help desk/hotline can be reached at (518) 474-5595.

NYSDOL will consider any application not meeting the Grants Gateway registration or non-governmental
NFP Application prequalification requirements prior to application submission to be non-responsive.

F. RFA Timetable
• RFA Release Date – May 4, 2022
• Deadline Date for Questions – Ongoing, no later than June 9, 2023
• Deadline Date for Responses to Questions – Ongoing, no later than June 16, 2023
• Application Due Date – Ongoing, no later than 4:00 P.M. NYT on June 30, 2023
• Projected Notification of Awards – Ongoing as received

CFA WDI – Unemployed/Underemployed Worker Training RFA 23

V. Application Review and Selection
A. Evaluation of Applications
A complete application, including the DBA and all other required attachments, must be submitted via
the CFA portal so that NYSDOL can conduct a full and proper evaluation. Failure to answer all questions
in the application will jeopardize the Applicant’s potential for funding. NYSDOL will make an initial
eligibility determination on each application received. Applications that do not meet NYSDOL minimum
eligibility requirements will be disqualified. Applications deemed eligible will be scored based on further
review and evaluation. Application scores will consist of 65% for Program Design, 15% for Work Plan,
and 20% for Program Cost. Scoring of technical merit will award points based on a “criteria met” or
“criteria not met” scale. NYSDOL reserves the right to make no awards.

Applications must first meet all Minimum Threshold Requirements, Section V.B.1. of this RFA. Upon
receipt of all required application documents and confirmation of Minimum Threshold Requirement
attainment, UWT applications will be evaluated by NYSDOL staff. NYSDOL staff score applications based
on the Program Design, Work Plan, and Program Cost described in the Evaluation Criteria Section (V.B.)
of this RFA.

Program outcomes based on past performance related to retention of employees after the completion
of training, their attainment of credentials, and potential wage increases are considered in award
determination.

B. Evaluation Criteria
The Evaluation Criteria has four parts: the Minimum Threshold Requirements; the Program Design; the
Work Plan; and the Program Cost. The evaluation of the application will consist of a review of each part
independently.

Applications deemed eligible will be scored based on further review and evaluation. Application scores
will consist of 80% on Technical Merit (65% on Program Design and 15% on Work Plan) and 20% on
Program Cost.

1. Minimum Threshold Requirements

Failure to attest to and document Minimum Threshold Requirements will result in an automatic
rejection of the application and scoring will not proceed. No points will be awarded for Minimum
Threshold Requirements. Applicants must attest to each of the following:

(Q_8745) Applicant is a for-profit entity, including a corporation, LLC, or LLP; not-for-profit (NFP)
entity; municipality; or a college or university;

(Q_8746) Applicant is in good standing with regard to the laws, rules, and regulations for UI,
WARN, Public Work, Labor Standards, Safety and Health, NYS Department of State Division of
Corporations, Workers Compensation Insurance, and Disability Insurance;

(Q_13112) Applicant has two (2) or more full-time employees or the equivalent of two (2) full-time
employees throughout the duration of the contract (these equivalent employees may work part-
time as long as it is a permanent, year-round position whose work performance is integral to the
service or product provided by the business and who is economically dependent on the business);

CFA WDI – Unemployed/Underemployed Worker Training RFA 24

 (Q_9261) The application was developed by the Applicant and all language therein is presented at
the request of the Applicant. The use of a grant writer is acceptable, only if the Applicant and not
the grant writer, commits to implementing the training listed in the application, if the application
is successful;

(Q_9262) Applicant agrees to submit reports to NYSDOL on an as needed basis for the purposes of
meeting federal and NYS reporting requirements and understands such reporting may include
identifiable information related to both the Applicant and the Trainee;

(Q_8747) Applicant is or has partnerships with business(es) that commit to interview and consider
trainees for employment;

(Q_8748) Applicant is responsible for recruiting eligible unemployed/underemployed workers as

defined in the RFA;

(Q_9265) Applicant will not charge or expect any trainee served under this proposed training
program to pay any tuition charges or other fees;

(Q_8749) Applicant understands that all Applicants must register in the Grants Gateway system
(https://grantsmanagement.ny.gov) before application submission;

(Q_8750) Applicant understands that all non-governmental NFP organizations must prequalify
before application submission and must be in an acceptable pre-qualification status in the Grants
Gateway system (https://grantsmanagement.ny.gov);

(Q_8751) It is the intention of the Applicant that the workers to be trained will either seek full-
time or part-time employment or a higher level of employment in NYS upon completion of the
training;

(Q_9263) Applicant will comply with NYS Labor law and Federal law for the protection of workers;
and

(Q_9264) If awarded, job openings that occur during the contract period will be listed with the
NYSDOL Job Bank. To place a job order visit:
www.labor.ny.gov/businessservices/services/perm.shtm.

2. Program Design – 65 Points

Applicant must fully answer each part of the questions listed in the CFA portal and submit applicable
attachments. Note that the CFA portal requires answers to Threshold questions; Location questions;
and completion/upload of required attachments listed in Section VIII of this RFA prior to the completion
of Standard questions, which NYSDOL refers to as Program Design.

Business/Industry Demand (16 points)

(Q_2950) Enter your Federal Employer Identification Number (FEIN). (0 points)

(Q_9329) Indicate the exact number of trainees who will be trained under this application. (1
point)

CFA WDI – Unemployed/Underemployed Worker Training RFA 25

 (Q_12480) In the BE attachment, provide the following for business(es) making commitments to
interview the workers under this proposed training program:
i. Business name;
ii. Contact information (Contact person, address, telephone number, and email address);
iii. Occupational title(s);
iv. O* NET code of the occupation that the trainee will be trained for. The code must match the
occupational title(s) or tasks to be performed by the trainee upon the completion of the
training. For more information regarding O*NET codes, please refer to Section III.D.3. of the
RFA;
v. Number of available job openings at the business; and
vi. Number of trainees the business has agreed to interview. (14 points)
Please see the OJZ attachment for details on obtaining the O*NET Code of each job title.

(Q_13113) Indicate the priority industry the proposed training program will serve. (1 point)
For information regarding priority industries by region, please see Section III.D.3. or the PIR
attachment of this RFA.

Target Geography (2 points)

(Q_12463) Indicate a single project county to which the majority of the proposed training program
will serve. For more information regarding target geography, refer to Section III.D.4 . of this RFA.
(2 points)

Target Population (10 points)

(Q_12464) Indicate one or more priority population(s), if any, to be served under the proposed
training program. For more information regarding priority populations, refer to the DPP
Attachment in Section VIII of this RFA. (3 points – No priority populations served = 0 points; one
priority population is served = 1 point; two priority populations are served = 2 points; three or
more priority populations are served = 3 points)

(Q_9337) Provide the percentage of trainees who are part of a priority population (Section III.B).
(49.99% or less; 50% to 79.99%; 80% to 100%). (2 points)

(Q_12495) Provide the percentage of trainees who will be referred to the Governor’s Gun
Violence Prevention Initiative. For more information on this Initiative and the designated areas,
refer to Section VII of this RFA. (25% or less; 25.01% to 50%; 50.01% to 100%). (2 points)

(Q_9342) Describe, using and citing local data sources, the characteristics, such as knowledge,
abilities, education, literacy, and skill levels, language spoken, prior work experience of this
application’s unemployed/underemployed target population. (2 points)

(Q_9343) Indicate the outreach and recruitment strategies that will ensure participation by the
targeted unemployed or underemployed workers. (1 point)

Occupational Skills Training Course(s)/Career Development (26 points)

CFA WDI – Unemployed/Underemployed Worker Training RFA 26

 (Q_12398) Provide a brief summary of each occupational skills training course, including:
i. The name of each course;
ii. The educational strategy for each course (i.e., classroom training, distance learning, etc.);
iii. The materials to be used for each course (i.e., textbooks, presentations, guest speakers,
etc.);
iv. The duration for each course (i.e., the number of weeks and total number of hours for
each course); and
v. A detailed description of the occupational skills the trainees will acquire for each
occupational skills training course (7 points).

(Q_12399) Provide a detailed description of how the applicant will assess the attainment of the
trainees’ occupational skills during the training course (i.e., quizzes, tests, presentations; etc.) (2
points).

(Q_12400) Provide a detailed description of how the occupational skills gained during the training
course are similar to the skills needed by the business(es) committed to interview trainees served
under this RFA (2 points).

(Q_12401) Provide a specific description of the career development services, which teach job
search and attainment skills; career awareness, exploration, and enhancement skills; and work
readiness, employability, and job retention skills, that will be provided to the to the priority
population targeted for the training program. (i.e., mock interviews, job search skills, career
pathways exploration, career counseling, time management, communication, etc.) (4 points - No
services provided = 0 points; one service provided = 1 point; two services provided = 2 points;
three services provided = 3 points; four or more services provided = 4 points).

(Q_12402) Describe how the occupational skills, as detailed in Q_12398, to be acquired by the
trainees are recognized and transferable, either industry-wide or used across multiple industries?
If the skills are used across multiple industries, list those industries. (2 points)

(Q_12403) Provide the name, description(s), and the national accreditation or third-party issuer of
the specific credential the trainees will receive at the conclusion of the training. For the definition
of credential, see the Program Services Section (III.D.) and Section VII of this RFA. (3 points)

(Q_12404) Identify the strategies the Applicant will use to offer supportive services to ensure
trainees remain in the occupational skills training. Strategies should include but are not limited to
strategies as identified in Section III.B. of this RFA. (3 points – No supportive services offered = 0
points; one supportive service offered = 1 point; two supportive services offered = 2 points; three
or more supportive services offered = 3 points)

(Q_9374) Detail the plans or current actions undertaken to create alignment of the proposed
training program with the WIOA Regional Plan for the identified region as discussed in Section
III.D.3 of this RFA. (1 point)

(Q_12405) Describe the current partnership(s) with one or more of the required Career Center
System Partners or any community-based organizations in the local area or region, and how that
partnership will support the proposed training program. (2 points)

CFA WDI – Unemployed/Underemployed Worker Training RFA 27

Outcomes (3 points)

(Q_12408) Has the Applicant provided a similar occupational skills training program in the past?
If yes:
(Q_12406) Provide the percentage of trainees from prior Applicant-sponsored
occupational skills training course(s) that attained a credential. For a definition of
credential see the Program Services Section (III.D.2.) and Section VII of this RFA.
(Percentages of 50% or less; 50.01% to 100%) (1 point)
If no:
(Q_12407) Provide the estimated percentage of trainees who will attain a credential from
the occupational skills training course(s). For a definition of credential see the Program
Services Section (III.D.2.) and Section VII of this RFA. (Percentages of 50% or less; 50.01%
to 100%) (1 point)

(Q_13114) Select the geographical area where the proposed program is offered.

(Q_13115) If the project is located in New York City, Long Island, or Westchester County: Select
the average hourly wage the majority (51% or more) of trainees will receive upon completion of
the occupational skills training course(s). Minimum wage ($15.00) to $16.50; $16.51 to $18.00;
$18.01 to $19.50; $19.51 and up.

(Q_13116) If the project is located in the rest of New York State: Select the average hourly wage
the majority (51% or more) of trainees will receive upon completion of the occupational skills
training course(s). Minimum wage ($13.20) to $14.70; $14.71 to $16.20; $16.21 to $17.70; $17.71
and up. (2 points)

Leveraged Funding (4 points)

In the CFA portal budget table, identify the use, source, status, and dollar amounts of leveraged
funding, if any. No narrative is required for this question and NYSDOL will make the calculations
for leveraged funds based on the CFA portal budget table provided by the Applicant. For more
information about leveraged funding, please refer to Section II.C. in this RFA. (Leveraged
percentages of 0% to 25%; 25.01% to 50%; 50.01% to 75%; 75.01% and up). (4 points)

Organizational Capacity/Experience (4 points)

(Q_9344) Identify the number of full-time equivalent (FTE) workers currently employed by the
applicant business. (1 point)

(Q_9345) How many years has the Applicant offered similar occupational skills training or service?
(Less than 1 year; 1 to 2 years; 3 or more years). (2 points)

(Q_9347) What is the Applicant’s annual revenue? (1 point)

3. Work Plan – 15 points

In the Work Plan Attachment (WPA), the Applicant will define the objectives, tasks, and performance
measures that will detail the proposed plan to ensure training and service activities, are as identified in
the Program Design. The purpose of the Work Plan is to provide a road map and measurable criteria to

CFA WDI – Unemployed/Underemployed Worker Training RFA 28

ensure successful and timely implementation of the proposed program. As part of the Work Plan,
Applicants can include objectives, tasks, and performance measures, including the following:

• The objectives are realistic and align with activities as proposed in the Program Design;
• The tasks as described align with the associated objective and upon completion will attain the
objective (Applicant should include critical tasks to be performed for attaining the relevant
objectives and performance measures);
• The performance measures, as proposed, will measure the successful completion of the task
and attainment of the relevant associated objective; and
• The performance will evaluate project effectiveness. The performance measures must be
SMART: Specific, Measurable, Achievable, Relevant and Time-oriented (who will do what, how it
will be counted, how often, and when the tasks and objectives will be evaluated).

Performance measures may include, but are not limited to, the number of trainees obtaining
employment after training; the number of trainees receiving career development services; the number
of trainees attaining licensing/credential; trainee participation and satisfaction; the increase in trainee
wages; training assessment outcomes; and trainee enrollment in advanced education.

4. Program Cost – 20 Points

An Applicant may receive up to 20 points for the program cost. All allowable costs requested from CFA
and leveraged funds must be entered in the CFA portal budget table as described below. For a list of
restricted use of funds, please see Restrictions on Types of Training (III.B.3.) and the Restrictions on the
Use of Funds Sections (II.B.4.) of this RFA.

CFA Portal Budget Table

The CFA budget portal table has five columns:

• Use – Select” Proposed Program” (includes all proposed program costs, including career
development and supportive services);
• Source – Indicate whether the cost is requested from CFA funding or is leveraged funds;
• Status – Indicate whether the funding included in the Source column is Anticipated or Secured;
• Amount – Provide the amount, in dollars, for each item from the Use column; and
• Indicate Source/Comments – Provide applicable specifics such as the source of leveraged funds
and their use.

An Applicant may have additional costs of training that could be entered as leveraged resources.
Additional points are given during scoring for leveraged funds as outlined in Evaluation Criteria (Section
V.B.) of this RFA.

The rows in the CFA portal budget table allow the Applicant to enter the source of the cost by using
drop-down options. More rows can be added to the table by clicking “Add Rows.” Applicants may also
use the “Scoring Tips” link provided in the portal for assistance in completing the CFA portal budget
table.

A complete and correct CFA portal budget table will help Applicants obtain the most accurate cost score.

CFA WDI – Unemployed/Underemployed Worker Training RFA 29

Detailed Budget Attachment

Applicants must complete and submit the DBA with their application. The DBA requires specific detail
for the costs of occupational skills training course(s), including career development services (Training
Costs); the allowed non-Personnel Costs of books or training materials directly associated with the
training; software required to deliver the training (distance learning fees); credentialing exam fees; the
miscellaneous trainee expenses, including supportive services costs; and the incentive or stipends costs.
This detail will be incorporated into the contract of successful Applicants.

Cost Comparison Worksheet

Applicants must also complete and submit the Cost Comparison Worksheet (CCW) attachment with
their application. The CCW requires that the Applicant provide cost comparison information on the
proposed tuition rate from two (2) training providers other than the selected training provider, which
shows that a training provider with a comparable tuition rate was selected. This information will
document that the costs of the selected occupational skills training program are reasonable and will be
the basis for awarding points for program cost.

The requirements of this section are applicable to all Applicants, regardless of whether the proposed
training program is to be delivered in-house by the Applicant or by an outside training provider. If the
Applicant does not provide the required cost comparison information, or if a competitive tuition rate
was not selected, a narrative justification must be provided in order to receive points for cost. This
justification will be reviewed by NYSDOL and may result in program cost points being awarded.

Examples of acceptable reasons for not providing the required cost comparison information include, but
are not limited to:

• If the Applicant developed its selected training program to respond to a lack of training capacity
to serve the intended population in its area;
• If the proposed training is specialized or unique and there are no other training providers that
deliver the proposed training;
• If there are mitigating factors for choosing a higher cost training program, such as additional
benefit being provided to the trainee by the selected training program; or
• If in-house training capability is addressing the extensive needs for a timely, more frequent,
and/or more comprehensive approach to meet the needs of the industry.

Note that this is not an exhaustive list of reasons that may be considered by NYSDOL during Program
Cost review. The Applicant should describe any reason(s) for not providing the required cost
comparison information in as much detail as possible to allow NYSDOL reviewers to conduct an accurate
Program Cost review.

Comparisons should be from training programs for like or similar occupational skills job titles.
Applicants are encouraged to use the Eligible Training Provider List (ETPL) as a resource for obtaining
comparison costs to their selected training program. A link to the ETPL can be found here:
https://applications.labor.ny.gov/ETPL/.

Applications that demonstrate the reasonableness of their selected training provider’s tuition rate will
receive 20 points for cost. Applications that do not demonstrate their selected training program’s
tuition cost is reasonable will receive no points for cost. If the Applicant fails to demonstrate that costs

CFA WDI – Unemployed/Underemployed Worker Training RFA 30

 are reasonable, and NYSDOL cannot independently document that the costs are reasonable, the
Applicant may not be eligible for award, even if the Application’s technical score achieves the minimum
score for award.

If any information on the CCW is unclear to the reviewer, NYSDOL reserves the right to contact the
Applicant for additional clarification.

If it is determined unallowable costs were included in the DBA during the Program Cost review, those
costs may be removed during the award process or contract development and will not be included in
the contract of the successful Applicant.

C. Method of Selection
Applications must first meet all minimum eligibility requirements outlined in the Minimum Threshold
Requirements Section (V.B.1.) of this RFA.

Applications that meet all minimum eligibility requirements will proceed to the review phase, where the
application will be scored for Technical Merit (worth up to 80% of the total) by NYSDOL’s Program Staff,
and Program Cost (worth up to 20% of the total) by NYSDOL’s Finance Bureau. Scores for each portion
of the evaluation will be combined and result in the Application Final Score.

A complete response to each question is crucial to ensure full points are awarded.

Applications will be reviewed in the order they are received. Each application will be scored on its
individual merit and will not be compared to other applications. Eligible applications that attain an
Application Final Score of 70 points or more will be awarded funding. Successful Applicants will be
awarded on a continuous basis until the funds allocated to NYSDOL’s CFA WDI programs are exhausted.
Eligible Applicants that fail to attain a total score of 70 points will be notified via letter and are eligible to
revise their applications and reapply, if sufficient time and funding remain.

If an application achieves a score that would be awarded, but the costs are not reasonable to NYSDOL or
the skills are not transferable, NYSDOL reserves the right to reject the application.

NYSDOL may award a contract for any or all parts of an application and may negotiate contract terms
and conditions to meet agency program requirements consistent with the RFA.

It is important to note that:

• Ineligible Applicants will be disqualified before completing a review;
• Incomplete applications will be disqualified;
• All Applicants that are determined not to be responsive or responsible will be disqualified
after completing a review;
• Applications that fail to meet requirements will be disqualified; and
• NYSDOL reviews will result in a final score.

VI. Award Administration and Information

A. Award Notices

CFA WDI – Unemployed/Underemployed Worker Training RFA 31

All Applicants will receive a letter informing them of the decision on their application and successful
Applicants will be contacted by NYSDOL’s contract development staff. If awarded, the Applicant will also
be notified of the maximum amount it has been awarded.

Applicants who receive an award must be prepared to enter into contract negotiations immediately and
begin trainings no later than six months from the date of the award letter. NYSDOL reserves the right to
rescind the award of any Applicant that is unable or unwilling to promptly engage in the contracting
process or to begin conducting its trainings in accordance with the terms of the contract.

Applicants that received an award(s) under the CFA WDI Initiative or past traditional CFA rounds, and
who have completed services and expenditures, and closed out the contract(s) may apply again.
Applicants that received an award under the CFA WDI Initiative or past traditional CFA rounds with a
current open contract, who have successfully served at least 75% of the planned participants and have
expended at least 75% of the previously awarded funds, may apply again, if funding and time remain.

Applicants not awarded are entitled to request a debriefing from NYSDOL, which may include the
reason(s) for the non-award and general guidance on the part(s) of the evaluation criteria that were not
met. Such debriefing shall be requested within 15 calendar days of the notice of non-award. NYSDOL
will respond to the debriefing request within a reasonable amount of time.

B. Payment
Once a contract has been developed and formally executed, funds will be released on a cost
reimbursement basis. A Contractor must first pay for incurred expenses and then submit a voucher to
NYSDOL for reimbursement. Vouchers must be submitted to NYSDOL on the prescribed forms before
payment is made. For cost reimbursements to be approved, certain records must be kept, and specific
documents submitted. Contractors must provide documentation that the service was provided. This
will include attendance records for each training session to document attendance or certificates of
completion showing the participant completed all required elements of the training. Attendance sheets
must include the Name of the Trainee, Signature of the Trainee, Signature of the Trainer, and Date and
Hours of Training.

Expenditure reimbursement is based on individual participant attendance at occupational skills

trainings. If the trainees attend up to and including 50% of the course, the reimbursement will be at the
level of attendance achieved (i.e., individual trainee attends 30% of the course sessions, the
reimbursement will be 30% of the tuition rate). For trainee attendance of 51% and above, the
reimbursement will be for 100% of the tuition rate.

Please be advised that trainings may not begin until after an award is made. This includes the
completion of application reviews, due diligence being confirmed, awardees determined, and award
letters being issued. The start date for all contracts resulting from this solicitation may be no earlier
than the date of the award letter issued by NYSDOL. Any training that begins or is paid for prior to the
contract start date will fall outside the contract period and be ineligible for reimbursement. Further, all
activities funded by the contract must end on or before the end date of the contract and any activities
that occur after the end date of the contract will not be eligible for reimbursement.

NFP organizations and municipalities funded under the UWT Program are eligible for a cash advance of
their award, up to 25% of total contract value, at the sole discretion of NYSDOL and subject to the
availability of funds appropriated and available for contracts entered into pursuant to this solicitation.
Any award must be expended on program activities in NYS.

CFA WDI – Unemployed/Underemployed Worker Training RFA 32

Electronic Payments – Payment for invoices submitted by the Contractor shall only be rendered
electronically unless payment by paper check is expressly authorized by the Commissioner, in the
Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payment shall be
made in accordance with ordinary NYS procedures and practices. The Contractor shall comply with the
NYS Comptroller’s procedures to authorize electronic payments. Authorization forms are available at
the NYS Comptrollers website at www.osc.state.ny.us/epay/index.htm, by email at
helpdesk@sfs.ny.gov, or by telephone at 855-233-8363. The Contractor acknowledges that it will not
receive payment on any invoices submitted under this Contract if it does not comply with the NYS
Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized
payment by paper check as set forth above.

C. General Requirements
All applications and accompanying documentation will become the property of NYS and will not be
returned. The content of each Applicant's application will be held in strict confidence during the
evaluation process, and no details of the application will be discussed outside of the evaluation process.
The successful Applicant's application and portions of the RFA deemed applicable by NYSDOL will be
made part of the contract. Therefore, an official authorized to commit the company to a contract must
sign the application.

D. Buy American Requirements

Applicants should be aware of the requirements of WIOA, section 502 which provides that none of the
funds made available under Title I or II of WIOA or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.)
may be expended by an entity unless the entity agrees that in expending the funds the entity will
comply with the Buy American Act (41 U.S.C. sections 8301 through 8303). It is the sense of Congress
that entities receiving assistance should, in expending the assistance, purchase only American-made
equipment and products. See WIOA, section 502 – Buy American Requirements included in the WIOA
References (WIOA) attachment of this RFA.

E. Federal and NYS Executive Orders

Please note that the Federal WIOA funds supporting this initiative are subject to the following federal
and NYS Executive Orders:
• Executive Order 13513 – Sec. 4. Text Messaging While Driving by Government Contractors,
Subcontractors, and Recipients and Sub-recipients. Contractors, subcontractors, and recipients
and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while
driving a vehicle when performing official Government business or work on behalf of the
Government, and to conduct initiatives of the type described in section 3(a) of the Executive
Order.
• Executive Order 12928 – The recipients are strongly encouraged to provide
contracting/subcontracting opportunities to Historically Black Colleges and Universities and other
Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities; and
to Small Business Owned and Controlled by Socially and Economically Disadvantaged Individuals.
• Executive Order 13043 – Recipients are encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented, or personally
owned vehicles.

CFA WDI – Unemployed/Underemployed Worker Training RFA 33

 • Executive Order 13166 – Recipients must take reasonable steps to ensure that persons with
Limited English Proficiency (LEP) have meaningful access to programs in accordance with USDOL’s
Policy Guidance on the Prohibition of National Origin Discrimination as it Affects Persons with LEP
Volume 68, Number 103, Page 32289-32305. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary.
• Executive Order 14005 – Recipients agree to comply with all Applicable Made in America Laws (as
defined in the Executive Order), including the Buy American Act at 41 USC sections 8301-8305.
The recipient is required to maximize the use of goods, products, and materials produced in, and
services offered in the United States, in accordance with the Made in America Laws.
• NYS Executive Order 177 – see Section VIII for further information.

F. Reservation Clauses
NYSDOL, in order to serve the best interests of NYS, reserves the right to:

Make no award;
Postpone or cancel this RFA upon notification to all Applicants;
Amend the specifications after their release with appropriate notice to all Applicants;
Remove applications with unreasonable costs from award consideration;
Request Applicants to present supplemental information clarifying their application, either in
writing or in formal presentation. Applicants failing to respond to these requests during the
time allotted may be eliminated from funding consideration;
Waive or modify minor irregularities in applications received after prior notification to the
Applicant. This will in no way modify the RFA documents or excuse the Applicant from full
compliance with the RFA terms and conditions;
Correct any arithmetic errors in any application;
Reject any and all applications received in response to this RFA;
Contact an Applicants’ references as a check on qualifications;
Award contracts to more than one Applicant;
Negotiate with selected Applicant prior to contract award;
Rescind the award of any Applicant unable or unwilling to begin conducting its training
activities immediately following contract execution. No Applicant will have any rights against
NYSDOL arising from such negotiations;
Make any payment contingent upon the submission of specific deliverables; and
Require that all offers are held open for a period of 120 days unless otherwise expressly
provided for in writing.

CFA WDI – Unemployed/Underemployed Worker Training RFA 34

VII. Definitions
1. Business Services Representatives: Staff across NYS dedicated to assist businesses with their
workforce needs including the NYS Job Bank and NYTalent, tax credits and other hiring incentives,
apprenticeship programs, HR consultation, and layoff aversion. To contact a Business Services
Representative, please find their contact information at p469-services-for-businesses-2-22_0.pdf
(ny.gov).

2. Career Center System Required Partners (AKA Career Center Partners): NYS’s Career Center System is
funded by WIOA and is made up of 33 LWDBs that oversee their respective Local Workforce
Development Areas (LWDAs) and 96 Career Centers. The System includes:
Core Program Partners:
• NYS Department of Labor – Responsible for delivering services under WIOA Titles I (Adult,
Dislocated Workers, and Youth) and III (Wagner-Peyser);
• NYS Education Department – Responsible for delivering services under WIOA Titles II (Adult
Education and Literacy) and IV (Vocational Rehabilitation); and
• NYS Office of Children and Family Services/Commission for the Blind – Responsible for
delivering services under WIOA Title IV (Vocational Rehabilitation).
Other Career Center Partners:
• Temporary Assistance for Needy Families (TANF);
• Career & Technical Education;
• Title V Older Americans Act;
• Job Corps;
• Native American Programs;
• National Farmworkers Job Programs/Migrant and Seasonal Farmworker Programs;
• Jobs for Veterans State Grants (Chapter 4 of Title 38);
• YouthBuild;
• Trade Adjustment Assistance activities under the Trade Act of 1974, as amended;
• Community Service Block Grant Employment and Training activities;
• Housing and Urban Development Employment and Training activities;
• Unemployment Compensation; and
• Second Chance Act Reentry Employment Opportunity (REO) programs.
The Career Center System may also include strategic partners from education, economic
development, and industry.

3. Career Development Services: Include services provided to trainees along with occupational skills
training to develop their:
• Job search and attainment skills – Increase job placement potential by honing resume, cover
letter, references development, mock interviews, networking, job search skills etc.;

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 • Career awareness, exploration and enhancement skills – Career awareness begins the process
of developing knowledge of careers and occupations available, their skill requirements,
working conditions and training prerequisites, and job opportunities across a wide range of
industry sectors. Career exploration increases trainees’ ability to explore career pathways and
understand how their personal attributes (interests, skills, values, motivations, aptitudes and
abilities) affect their potential success and satisfaction with different career options and work
environments. Career counseling or guidance provides advice and support in making
decisions about what career paths to take; and
• Work readiness, employability, and job retention skills – Increase job retention with a variety
of services provided to an individual to have the necessary competencies, capabilities, and
readiness to acquire or maintain an appropriate job. Such services could include teaching
workplace professionalism (i.e., basic computer skills, time management, workplace behavior,
team building, mindfulness, and communication).

These services can be provided in a variety of ways such as individual, peer or group mentoring;
presentations; career assessments and exploration, using JobZone (https://dol.ny.gov/jobzone);
hands-on-activities; field trips; demonstrations; group exercises, career informational fairs, etc.

4. Counties of Need: NYSDOL assigns each county of NYS into high, moderate, or low need based on
indicators such as population, adult poverty rates, adult unemployment rates, adult literacy rates and
the level of education attainment.

High Need Medium Need Low Need

Bronx Allegany Albany
Broome Cayuga Chemung
Cattaraugus Chenango Columbia
Chautauqua Clinton Cortland
Franklin Delaware Dutchess
Fulton Erie Essex
Greene Jefferson Genesee
Hamilton Lewis Livingston
Herkimer Onondaga Madison
Kings Otsego Nassau
Monroe Rockland Niagara
Montgomery Schenectady Ontario
New York Schoharie Orange
Oneida Seneca Putnam
Orleans Steuben Rensselaer
Oswego Suffolk Richmond
Queens Tompkins Saratoga
Schuyler Ulster Tioga

CFA WDI – Unemployed/Underemployed Worker Training RFA 36

 High Need Medium Need Low Need
St. Lawrence Washington Warren
Sullivan Westchester Wayne
Yates Wyoming

5. Credential: An attestation of qualification or competence issued to an individual by a third party (such

as an educational institution or an industry or occupational certifying organization) with the relevant
authority or assumed competence to issue such a credential. It does not refer to a certificate of
completion for a course. Examples of credentials include:
• A secondary school diploma or its recognized equivalent; and
• Recognized postsecondary credentials which include Associate’s and Bachelor’s degrees;
occupational licensures; occupational certificates, including Registered Apprenticeship and
Career and Technical Education educational certificates; occupational certifications; and other
recognized certificates of industry/occupational skills completion sufficient to qualify for
entry-level or advancement in employment.
Recognized postsecondary credentials must be awarded in recognition of an individual’s attainment of
measurable technical or industry/occupational skills and not the attainment of work readiness or
general skills only (i.e., safety, hygiene, and basic data security.
Customized Training (WIOA Sec. 3 (14)): Training that is:
• Designed to meet the specific requirements of a business (including a group of businesses);
• Conducted with a commitment by the business to employ an individual upon successful
completion of the training; and
• For which the business pays:
o A significant portion of the cost of training, as determined by the local board involved, taking
into account the size of the business and such other factors as the local board determines to
be appropriate, which may include the number of employees participating in training, wage
and benefit levels of those employees (at present and anticipated upon completion of the
training), relation of the training to competitiveness of a participant, and other business-
provided training and advancement opportunities; and
o In the case of customized training involving a business located in multiple local areas in NYS, a
significant portion of the cost of training, as determined by the Governor of NYS, taking into
account the size of the business and such other factors as the Governor determines to be
appropriate.

6. Distance Learning: A method of classroom instruction wherein the trainee receives lessons remotely
such as over the internet, via email or by mail.

7. Full-Time Employment: 35 hours per week or more.

8. Gun Violence Prevention Initiative: On July 6, 2021, Executive Order No. 211: Declaration of a State
Wide Disaster Emergency Due to Gun Violence, was signed.

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 On July 14, 2021, the Governor announced $12M to provide training and jobs to 2,400 out-of-school
youth in New York City, and on July 21,2021, the Governor further announced $16M to fund
workforce training and job placement programs for 3,200 youth in 20 cities across NYS most impacted
by gun violence. These locations are:

Area Youth to be Served

Nassau County 180
Hempstead 100
Suffolk 140
Albany 190
Schenectady 60
Troy 140
Buffalo 530
Jamestown 45
Niagara Falls 50
Syracuse 150
Rochester 450
Poughkeepsie 70
Kingston 60
Newburgh 120
Middletown 65
Yonkers 220
Mount Vernon 210
Spring Valley 150
Utica 120
Binghamton 150

9. Human Resources (HR) Training: Trainings needed or required to be provided to employees to better
understand the workplace to improve the work environment and are not specific to the job or
occupation of the employees. The provision of these HR trainings is a normal cost of doing business
and is the responsibility of the business. Examples include, but are not limited to, basic trainings
about: sexual harassment, diversity, new employee orientation, accessing reasonable
accommodation, cyber security, internal controls, internet security, workplace violence, human
relations and sensitivity at the workplace, fire safety and evacuations, and workplace hazards that do
not typically provide specific occupational skills.

10. Incentives: Encouragement for participants to meet certain benchmarks during the occupational skills
training program.

11. Individual with a Barrier to Employment (WIOA Sec. 3 (24)): A member of one or more of the
following populations:

CFA WDI – Unemployed/Underemployed Worker Training RFA 38

 • Displaced homemakers;
• Low-income individuals;
• Indians, Alaska Native, and Native Hawaiians as such terms are defined in 29 USCS § 3221;
• Individuals with disabilities (including youth with disabilities and recovering addicts);
• Older individuals (defined as individuals 55 and older, per WIOA §3(39));
• Currently and formerly incarcerated individuals;
• Homeless individuals or homeless children and youth;
• Youth who are in or have aged out of the foster care system;
• Individuals who are English Language Learners, have low levels of literacy, or those facing
substantial cultural barriers;
• Eligible migrant and seasonal farmworkers;
• Single parents (including single pregnant women);
• Long-term unemployed individuals;
• Individuals within two years of exhausting lifetime eligibility under Part A of Title IV of the
Social Security Act; or
• Other groups as the Governor determines to have barriers to employment.
For purposes of the CFA WDI, Veterans, Temporary Assistance for Needy Families (TANF) and
Supplemental Nutrition Assistance Program (SNAP) recipients are also considered individuals with a
barrier to employment.

12. Leveraged Funding: A financial commitment (cash or in-kind) used by the Applicant toward the costs
of a project available from source(s) other than the granting organization or the CFA WDI application
process. Leveraging can be achieved by a commitment from the Applicant or through various
partnerships.

13. Local Workforce Development Boards (LWDBs): A board, established in each local area of NYS and
certified by the Governor, made up of members from business; workforce; entities administering
education and training activities; representatives of governmental, economic, and community
development entities; and other individuals or representatives the chief elected official in the local
area deems appropriate, tasked with creating a local plan, analyzing local labor market information
and workforce development activities, engaging local business to develop linkages, developing career
pathways, establishing best practices, and ensuring the appropriate use and management of funds in
the local area.

14. Long-Term Unemployed: Individuals, who at the time the appropriate training begins, have been
unemployed for 20 weeks or more.

15. One-on-One Training: A training provided in-house that consists of only one trainee and one trainer.

16. Occupational Skills Training: Instruction conducted in an institutional or worksite setting designed to
provide individuals with the skills required to perform a specific job or group of jobs needed by a
business.

CFA WDI – Unemployed/Underemployed Worker Training RFA 39

17. O*NET: The nation’s primary source of occupational information, made up of a database with
information on hundreds of standardized and occupation-specific descriptors, and O*NET Online, an
interactive application for exploring and searching occupations. For more information, please visit the
website at https://www.onetonline.org/.

18. Priority Populations: Individuals who meet the WIOA definition of Individual with a Barrier to
Employment. Please refer to the Individual with a Barrier to Employment definition in Section VII and
the DPP Attachment.

19. Published Tuition Rate: The rate for each occupational skills training course that is published in
written materials or online by the training provider.

20. Stand Alone Ineligible Training: Training is considered “stand alone” when it is not part of a larger
occupational skills training. This type of training is not allowable under the CFA. Examples of stand-
alone training include:
• Microsoft Office (this does not include computer applications deemed an essential component
of the occupational skills training);
• Basic safety training;
• Sexual harassment training; or
• HR training.

21. Stipend: Monetary assistance for continued participation in the occupational skills training program.

22. Supportive Services: Assist in removing barriers, faced by unemployed/underemployed workers, to

participation in the CFA program and entering employment or upgrading to a higher level of
employment. Such services are monetary or non-monetary and could include transportation,
childcare, dependent care, housing, linkages to partner agencies, peer/group/individual mentoring
strategies. Under the CFA, these services may also include miscellaneous trainee expenses or robust
incentives for meeting certain benchmarks during the course of the occupational skills training or
stipends to assist with remaining in the program. These services must be necessary to enable an
individual to participate in the occupational skills training and career development services.

23. Training Provider: An entity that provides a training program with one or more courses or classes, or a
structured regimen that leads to a recognized post-secondary credential, secondary school diploma or
its equivalent, employment, or measurable skill gains toward such a credential or employment.

24. Underemployed: Underemployed individuals, as defined by WIOA, may include (1) individuals
employed less than full-time who are seeking full-time employment; (2) individuals who are employed
in a position that is inadequate with respect to their skills and training; (3) individuals who are
employed who meet the definition of a low-income individual in WIOA sec. 3(36); and (4) individuals
who are employed, but whose current job’s earnings are not sufficient compared to their previous
job’s earnings from their previous employment, per State or local policy.

25. Workforce Innovation and Opportunity Act (WIOA): WIOA was signed into law in July 2014, taking
effect in July 2015, and replaced the Workforce Investment Act (WIA). WIOA is intended to help job
seekers and workers access employment, education, training, and support services to succeed in the
labor market, and match businesses with the skilled workers they need to compete in the global

CFA WDI – Unemployed/Underemployed Worker Training RFA 40

 economy. For more information, please visit the website at
https://www.doleta.gov/WIOA/eta_default.cfm.

26. WIOA Regional Workforce Plans: Regional workforce plans are created by each LWDB, recognizing
workforce as an integral part of economic development. Plans are intended to identify and leverage
assets of the Career Center System, as well as support the REDC strategic planning and the role of NYS
Workforce Investment Board (SWIB) in addressing workforce priorities. For more information, please
visit the website at https://dol.ny.gov/workforce-development-plans.

CFA WDI – Unemployed/Underemployed Worker Training RFA 41

VIII. Attachments and Appendices by CFA Portal Question Number
Applicants must acknowledge that they have reviewed the informational attachments and upload the required
attachments in the CFA portal.

CFA Portal
Document Title Required for submission?
Question Acronym

Q_12480 BE Business Engagement Yes, Excel format

Q_12483 WPA Work Plan Attachment Yes, PDF format

Q_12481 DBA Detailed Budget Attachment Yes, Excel format

Q_12484 CCW Cost Comparison Worksheet Yes, PDF format

Q_12485 KC Key Contacts Yes, Excel format

Q_12486 ACBC Application for Competitively Bid Contract Yes, PDF with original signatures

Q_12487 VRAQ Vendor Responsibility Applicant Questionnaire Yes, PDF with original signatures

Q_12488 EO Executive Order (EO) 177 Certifications Yes, PDF with original signatures

UWT RFA Appendix - Unemployed/Underemployed Worker

No
Training Request for Application

TR Appendix - Tuition Rate No

GGPR Appendix - Grants Gateway Prequalification

No
Requirement

OJZ Appendix – O*NET and Job Zone Information No

PIR Appendix – Priority Industries by Region No

Q_12455 DPP Appendix – Determining Priority Populations No

WIOAPC Appendix – WIOA Partner Contact Information No

SCNYS Appendix - Standard Clauses for all NYS Contracts No

CTC Appendix - Combined Terms and Conditions No

GISBA Appendix - General Information for Successful

No
Bidders/Applicants

MC Appendix - Master Contract No

WIOA Appendix - WIOA References No

MWBE Appendix - Minority and Women-Owned Business

Enterprises (MWBE) and Equal Employment No
Opportunity (EEO) Requirements and Procedures

Q_12489 MWBE-1 MWBE and EEO Policy Statement Yes, PDF with original signatures

Q_12490 MWBE-2 EEO 100 – EEO Staffing Plan Yes, PDF with original signatures

Q_12455 MWBE-3 No, required quarterly AFTER Contract

Appendix - EEO 101 – Workforce Utilization Report
Award
CFA WDI – Unemployed/Underemployed Worker Training RFA 42
CFA Portal
Document Title Required for submission?
Question Acronym

Q_12494 MWBE-4 Yes, for Bidders requesting $25,000 or more

MWBE 100 – MWBE Utilization Plan in grant funds, PDF format with original
signatures

Q_12491 MWBE-5 Yes, for Bidders requesting $25,000 or more

in grant funds and if MWBE participation is
MWBE 101 – Application for Waiver of MWBE
anticipated to be less than 15% in MBE
Participation Goal
and/or 15% WBE, PDF format with original
signatures

Q_12455 MWBE-6 Appendix - MWBE 105 – MWBE Quarterly Compliance No, required quarterly AFTER Contract
Report Award

Q_12455 SDVOB Appendix - Service-Disabled Veteran-Owned

No
Businesses (SDVOB) Requirements and Procedures

Q_12492 SDVOB-1 Yes, for Bidders requesting $25,000 or more

SDVOB 100 – SDVOB Utilization Plan in grant funds, PDF format with original
signatures

Q_12455 SDVOB-2 Appendix - SDVOB 101 – SDVOB Monthly Compliance No, required monthly AFTER Contract
Report Award

Q_12493 SDVOB-3 Yes, for Bidders requesting $25,000 or more

SDVOB 200 – Application for Waiver of SDVOB in grant funds and if SDVOB participation is
Participation Goal anticipated to be less than 6%, PDF with
original signatures

The two NYSDOL CFA WDI programs are: Existing Employee Training (EET) and Unemployed/Underemployed Worker
Training (UWT).

Note: This workforce product is fully funded by a grant awarded by USDOL’s Employment and Training Administration
(ETA). The product was created by NYSDOL and does not necessarily reflect the official position of USDOL. Neither
USDOL nor NYSDOL make any guarantees, warranties, or assurances of any kind, express or implied, with respect to such
information, including any information on linked sites and including, but not limited to, accuracy of the information or its
completeness, timeliness, usefulness, adequacy, continued availability, or ownership.

CFA WDI – Unemployed/Underemployed Worker Training RFA 43