The Workforce Innovation and Opportunity Act (WIOA) requires Local Workforce Development Boards (WDBs) to use a competitive process for the selection of a one-stop operator for the system, and to support continuous improvement through the evaluation of one-stop operator performance and the re-competition of operators every four years. 

Competition is intended to promote the efficiency and effectiveness of one-stop operators by providing a mechanism for Local WDBs to regularly examine performance and costs against original expectations.  

Non-Federal entities are required to use the following methods of procurement to select a one-stop operator through a competitive process:

• Sealed Bids, (formal advertising), such as an invitation for bids (IFB) 
• Competitive Proposals, such as a request for proposals (RFP)

Sole source must only be pursued after a minimum of two attempts to competitively procure, including one attempt that combines the procurement of the one-stop operator with the selection of the Adult and Dislocated Worker service provider.

Sole Source

Local WDBs may select a one-stop operator through sole source selection only under the criteria outlined in WIOA. The Local WDB must follow its local sole source policies and procedures, the Uniform Guidance, and State policy. Local WDBs that use the sole source selection process must prepare and maintain written documentation describing the entire process of making such a selection. 

Sole source procurement can only be utilized when: 

• The item or service is available only from a single source.  
• The public exigency or emergency for the item or service will not permit a delay resulting from competitive solicitation.  
• The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity.  
• After solicitation of a number of sources, competition is determined to be inadequate, whether for reasons of number or quality of proposals/bids.

Local WDBs requesting to use sole source procurement for one-stop operators must submit a formal request to Iowa Workforce Development electronically at: WIOAgovernance@iwd.iowa.gov.  

The request must include justification that all other options were exhausted and identify the reason for sole source. The Local WDB must identify the timeline and the activities performed prior to the sole source request, and must certify that all appropriate measures consistent with the WIOA and this policy have been taken. 

The following documentation should also be included with the request for sole source:  

• Copy of the RFP or IFB
• Proof of the announcement medium used (newspaper, social media)
• Documentation showing how long the announcement was posted
• The name of the entity to which the sole source is to be awarded
• Documentation showing that the entity has the capacity and ability to perform the one-stop operator functions

Procurement Standards

When the State conducts the competitive procurement process for the Local WDB, it must follow the same policies and procedures it uses for procurements with non-federal funds, to include appropriate protections from conflict of interest, per the State’s own procurement policies and procedures. 

All other non-Federal entities, including entities that receive funding from a State (such as Local WDBs), must use a competitive process to select a one-stop operator that is based on local procurement policies that are consistent with the procurement standards of the Uniform Guidance.

General procurement requirements under WIOA must be followed as part of the competitive process. The requirements must be consistent with the Uniform Guidance, and include: 

• Written Policies and Procedures
  • Such policies and procedures must describe the competitive process for selecting a one-stop operator and the manner in which it will address the settlement of all contractual and administrative issues, such as protests, appeals, and disputes. 
  • The policies must also outline a timetable to ensure that the selection of a one-stop operator through a competitive process is conducted every four years.
• Appropriate Methods of Procurement for Competitions
  • Non-Federal entities are required to use the methods of procurement described at 2 CFR 200.320 when selecting a one-stop operator which are:  
    • Sealed Bids
    • Competitive Proposals
    • Sole Source
• Full and Open Competition 
  • A funding level range or an up to amount must be provided in the RFP that ensures the responsibilities in the Statement of Work can be performed.
  • Such competition must be conducted for all procurement transactions. 
  • Written procedures must allow for sufficient time for all phases of the procurement process to be carried out in a manner that would not unduly restrict competition. 
    • The RFP must be open for a minimum of 20 business days.
  • Pre-qualified lists must be current and include enough qualified sources to ensure open and free competition, and must not preclude bidders and offerors from qualifying during the solicitation period. 
    • Procurements that are in excess of the simplified acquisition threshold (currently set at $150,000 by 48 CFR 2.1) cannot use the small purchase procurement.  
    • Entities performing a competitive procurement must ensure the proposed costs of the one-stop operator are allowable, meaning that they are reasonable, necessary and allocable.  
    • Restricting competition is not allowed. Activities that may be considered to be restrictive of competition include, but are not limited to: 
      • Placing unreasonable requirements on firms in order for them to qualify to do business. 
      • Requiring unnecessary experience and excessive bonding. o Non-competitive pricing practices between firms or between affiliated companies. 
      • Non-competitive contracts to consultants that are on retainer contracts.
      • Organizational conflicts of interest. 
      • Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement. 
      • Any arbitrary action in the procurement process.
• Standards of Conduct
  • Each Local WDB must have written standards of conduct that require fairness, objectivity, ethical standards and other related standards of conduct during all phases of the procurement process, and must address:
    • Mitigating apparent or real conflicts of interest. Conflicts of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated has a financial or other interest or a tangible personal benefit from a firm considered for a contract.  
    • Disclosure of any real or apparent conflict of interest, whether individual, or organizational. Written standards of conduct must identify the process for recusal of individuals or organizations that are members of the Local WDB who disclose a real or apparent conflict of interest.  
    • A description of the firewalls and internal controls to mitigate conflict of interest in circumstances including, but not limited to, situations where an entity acts in more than one role in the one-stop delivery system or performs more than one function in the procurement process, as well as situations where the non-federal entity uses a sole source selection.  
    • Confidentiality of the information contained in the proposals submitted for consideration.  
    • Not allowing any entity that develops or drafts specifications, requirements, statements of work, IFBs or RFPs, and evaluation of proposals to compete under the procurement. 
• Transparency and Responsibility
  • The procurement process must be conducted with transparency and responsibility from the planning phase to the closeout phase. 
  • Information about the selection and certification of the one-stop operators must be made available to the public on a regular basis through electronic means and open meetings, in accordance with Sunshine Provision. 
  • Information must also be made available to auditors and Federal reviewers. This provides an avenue for public comment and participation in the process. 
  • When selecting an entity as the one-stop operation, the Local WDB must consider the entity’s programmatic and fiscal integrity, compliance with public policy, record of past performance and other factors that demonstrate transparency and responsibility. 
  • The Local WDB must also ensure that any entity is not debarred, suspended, or otherwise excluded from or ineligible to participate in Federal assistance programs or activities.