New York State Apprenticeship Expansion Grant - Childcare Assistant Track is sponsored by New York State Department of Labor. This opportunity supports mission-aligned projects and measurable outcomes.

# APPRENTICESHIP EXPANSION GRANT New York State Department of Labor Division of Employment and Workforce Solutions Ongoing until 4:00 PM New York State Time on December 30, 2022 The New York State Department of Labor is an Equal Opportunity Employer. Auxiliary aids and services are available upon request to individuals with disabilities. AEG-3 RFA 2 I.

Funding Opportunity Description ...................................................................................... 3 A. Purpose ......................................................................................................................

3 B. Background ................................................................................................................ 3 II.

Award Information............................................................................................................ 3 A. Funding ......................................................................................................................

3 B. Use of Funds............................................................................................................... 4 C.

Award Minimums ....................................................................................................... 7 D. Contracts ....................................................................................................................

7 E. Contracting Process .................................................................................................... 8 F.

NYSDOL’s Responsibilities ........................................................................................... 9 G. Applicant Requirements..............................................................................................

9 H. Participation Requirements......................................................................................... 9 III.

Eligibility Information....................................................................................................... 15 A. Applicant Eligibility ....................................................................................................

15 B. Participant Eligibility .................................................................................................. 15 C.

O*NET Codes............................................................................................................. 16 IV. Process for Application Submission ..................................................................................

16 A. Questions Concerning this RFA................................................................................... 16 B.

Application Due Date ................................................................................................. 16 C. Application Submission Instructions and Format.........................................................

16 D. Grants Gateway Registration and Prequalification Status ............................................ 17 E.

RFA Timetable ........................................................................................................... 18 V. Application Review and Selection ....................................................................................

18 A. Evaluation of Applications .......................................................................................... 18 B.

Evaluation Criteria ..................................................................................................... 19 C. Method of Selection ..................................................................................................

24 VI. Award Administration and Information............................................................................ 24 A.

Award Notices ........................................................................................................... 24 B. Payment....................................................................................................................

25 C. General Requirements ............................................................................................... 26 D.

Buy American Requirements ........................................... Error! Bookmark not defined.

E. Federal and NYS Executive Orders .............................................................................. 26 F.

Reservation Clauses ................................................................................................... 26 VII. Attachments and Appendices...........................................................................................

28 AEG-3 RFA 3 # I. Funding Opportunity Description The New York State Department of Labor (NYSDOL) is making up to $2. 55M in funding available under the Apprenticeship Expansion Grant (AEG-3) Request for Applications (RFA).

The purpose of this RFA is to expand New York State (NYS) Registered Apprenticeship (RA) training by increasing employment opportunities for approximately 170 apprentices, with a focus on underrepresented populations. These apprentices will enter trades in high-demand occupations, with a focus on the emerging fields of Advanced Manufacturing, Healthcare, Hospitality, and Information Technology, as well as other in-demand occupations.

Please note that this solicitation focuses on promoting the expansion of NYS RAs and as such, RAs in the field of Construction are not eligible for funding under this RFA unless the trade is to be used for the upkeep and maintenance of a facility owned by the business entity employing the apprentice, such as plant maintenance trades.

NYS faces a middle-skill labor shortage and failing to address this “middle-skill gap” will erode NYS’s ability to strengthen middle-class economic justice for its citizens. This causes NYS’s businesses to be less competitive in the global economy due to losses in productivity and forces them to seek skilled workers elsewhere.

NYS is committed to expanding RA in NYS by increasing the number of apprenticeships in high-demand fields like Advanced Manufacturing, Healthcare, Hospitality, and Information Technology. RA is a global, tried, and true workforce development strategy that offers apprentices opportunities to earn a salary while learning the skills that businesses demand in a variety of occupations across industries.

NYS RAs provide structured on-the-job training (OJT), Related Instruction (RI), regular documentation of progress, and achievement of a NYS certificate of completion. RA is a job-driven strategy, providing a pathway for many to the middle class. For businesses, RA serves as an opportunity to grow their own workforce and meet skill needs for the future.

Previously, NYSDOL released AEG-1 and AEG-2, which made funding available to expand RA training by increasing employment opportunities for apprentices. NYSDOL continues to market and promote NYS RA as the workforce development tool to train tomorrow’s middle skill workers in high-demand occupations. Priority industries vary by area.

A list of these areas, their corresponding economic development plans, and the priority industries can be accessed at http://regionalcouncils. ny. gov/ for Regional Economic Development Councils (REDC) and https://labor.

ny. gov/workforcenypartners/lwda/regional-plans. shtm for Local Workforce Development Boards (LWDBs).

NYSDOL is making up to $2. 55M available for bid until December 30, 2022, as part of continued efforts to serve approximately 170 apprentices (see Section III. B.

) in NYS RAs. Funding will cover costs associated with training apprentices through RA, such as RI, OJT, books, and tools. This RFA is supported by an Apprenticeship State Expansion grant from the United States Department of Labor Employment AEG-3 RFA 4 and Training Administration (USDOL ETA).

A total of $2. 55M, or 100% of this RFA, will be financed with federal funds. 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. Single award amounts will not exceed $300,000.

Applications that request more than $300,000 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. 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.

Applicants awarded a grant through this RFA may re-apply for up to an additional $300,000 after successfully registering 80% of the planned number of apprentices into their AEG-3 awarded NYS RA program, and having expended at least 80% of the awarded funds, if sufficient funding and time remain. All awards are subject to funding availability. AEG-3 funding is intended for the placement of apprentices into NYS RAs.

NYSDOL will provide awardees with up to $15,000 for each apprentice under this RFA (See Section II. B. 4.

below); applicants may request funding to support as many apprentices as possible within the $300,000 maximum award amount. • RI for this RFA is defined as instruction in technical subjects related to the trade which will be provided to each apprentice for a minimum of 144 hours per year. RI is designed to provide apprentices with the knowledge of the theoretical subjects related to the apprentices’ occupation.

• RI must be conducted by the RA sponsor’s approved RI Provider (as indicated on the RI Availability Form AT-8 ) to instruct topics listed in Appendix B of the trade’s training outline. • RI may be provided in-person or via electronic media. Funds will not pay for the cost of any software separate from the electronic device purchase price or internet service needed in order to access the instruction.

• Sponsors are not required to pay wages to apprentices while they are attending RI. • For the use of RI funds under this RFA, apprentices cannot contribute to the cost of the RI.

• The cost of RI shall be reimbursed based on a per apprentice amount, in accordance with standard tuition rates for RI that may be published or in the case of trainers who do not AEG-3 RFA 5 have a published tuition rate, may be calculated using the method described in the Tuition Rate (TR) attachment in Section VII . • There is no minimum number of apprentices required for RI.

• All proposed RI expenditures must be reasonable, necessary, and clearly related to the purposes and activities of the project as described in the applicant’s project narrative. During the contracting process, NYSDOL reserves the right to ask for a justification of proposed expenditures and cost per apprentice.

• Training will be provided to the apprentice(s) by journeyworkers, while meeting the required apprentice-to-journeyworker ratio for each trade, as determined by the Commissioner of Labor and posted on NYSDOL’s website at https://dol. ny. gov/apprenticeship/apprenticeship-trades.

This will be “hands-on” training and supplemented by RI. Refer to Section II. B.

3. for OJT wage reimbursement rates allowed by this program. c.

Textbooks, training materials, or electronic devices directly associated with the RI. • Only items with a per-unit cost of less than $1,000 are allowed. d.

Tools directly associated with OJT, including electronic devices required to complete the OJT (i.e., iPads or Chromebooks) with an acquisition cost of up to $999 per device. Electronic Device Requirements • Please note that 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 RA programs, including, but not limited to RI and or OJT training longer than six (6) months; • The number of devices charged to the contract cannot exceed the number of enrolled apprentice trainees confirmed with completed Trainee Information Forms (TIFs) and attendance records; • Electronic devices must be provided to participants at the start of training and services rather than at the end as a completion award; • Documentation of apprentice 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 inadequate electronic devices and do not have sufficient personal funds to purchase these items; • 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; • Temporary loaning of such items to participants is also recommended, when appropriate, so that multiple participants can benefit from one purchase; • 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: o https://www. southcolonieschools. org/chromebook-faq/ ;AEG-3 RFA 6 o https://ocfs.

ny. gov/programs/nyscb/equipment-loan. php ; and o https://qhsls.

org/wp-content/uploads/2020/03/QHSLS-Equipment-Loan-Agreement. pdf . • 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 RI tuition rate (Section V. B.

4. of this RFA), justified by course requirements that an iPad and/or Chromebook must be used to participate in the training. e.

Group Program Sponsors or their Lead applicant (those applicants who are designated by a sponsor of an active or probationary NYS RA group program) who are not the RI training provider, or the OJT employer are eligible for reimbursement of indirect costs, if incurred. Refer to the Indirect costs in Section V. B.

4. 1. for an explanation of these costs.

2.

Restrictions on the Use of Funds AEG will not pay for any of the following items: • Any RA in the field of Construction (O*NET Family Code 47) unless the trade is to be used for the upkeep and maintenance of a facility owned by the business entity employing the apprentice, such as plant maintenance trades; • The acquisition, construction, or renovation of buildings or other real estate; • Any item or cost that has also been paid for or contributed to by the apprentice; • The purchase of any operational software; • Supportive services such as childcare, transportation, lodging, and meals for the apprentices (these services may be available through a local area Career Center); • Costs associated with a trainer’s transportation, lodging, and meals where the cost is not incorporated into the tuition rate; • Interest costs incurred by provider agencies; • Costs of organized fund raising; • 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); • Conferences and seminars; • Start-up costs, curriculum development, and assessment costs on the part of the contractor; • Registration fees (except those paid to RI providers); AEG-3 RFA 7 • Payment of fees associated with attendance at seminars, conferences, or meetings of professional organizations; • Training required as part of a Federal, state or local government mandate (excluding training that is directly related to the trade’s training outline); • Purchase of videos or DVDs; • Any other costs deemed inappropriate by NYSDOL, such as training that does not result in a transferable skill, activities that are determined to be business consulting rather than training (e.g., coaching, follow-up, reinforcement, etc.), and any costs that do not meet the intent of the RFA; or • Any equipment, tool, textbook, or other tangible personal property with a per-unit cost of $1,000 or more.

If an applicant is unsure about unallowable trainings or costs they should consider asking specific questions before the Questions Deadline identified in Section V. A. of this RFA and listed in the RFA time table, Section IV.

E. 3. OJT Wage Reimbursement Rate NYSDOL has established an OJT wage reimbursement policy for the AEG.

The reimbursement level to a business may not exceed 50% of the wage rate of the apprentice for all businesses. Please note that all OJTs must pay at least the NYS minimum wage, which can be found here: https://www. ny.

gov/new-york-states-minimum-wage/new-york-states-minimum-wage . 4. Training Cap Per Apprentice The cap under this RFA is $15,000 per apprentice (apprentices who were trained under a contract in AEG-2 may only be trained for a maximum of $5,000 under AEG-3).

If the training or associated costs proposed by the applicant exceeds the $15,000 per apprentice cap set above, the applicant must pay the difference. Note that this is a cap per apprentice, not an average cost of all apprentices identified in the application. If apprentices attend RI during their work hours, OJT hours cannot be combined with RI hours.

There is no minimum award amount under the AEG program. All awards are subject to funding availability. 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 AEG-3 RFA 8 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 12 months. Applicants must include only the training opportunities that can be reasonably accomplished within a 12-month 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, the contract shall not exceed AEG-3’s period of performance (which is currently scheduled to end June 30, 2023) unless extended by USDOL. 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.

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-profit (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, USDOL or NYSDOL may conduct an independent evaluation of the outcomes and benefits of AEG funding. By accepting an award under this RFA, the Applicant agrees to participate in any such evaluation.

Existing awardees under RFA Bid Number AEG-2 are now eligible for contract periods of up to 12 months, and to apply for additional funding after successfully registering 80% of the planned number of apprentices into their NYS RA program as specified in their awarded contract, if sufficient funding and time remain.

Funds awarded under RFA Bid Number AEG-3 may be used to support apprentices enrolled under AEG-2, however when calculating the per apprentice cap of $15,000, NYSDOL will include the per participant cap of $5,000 under AEG-2 as well as additional funds awarded under AEG-3. Therefore, apprentices who were enrolled under AEG-2 cannot receive more than $5,000 worth of training or assistance under AEG-3.

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 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.

AEG-3 RFA 9 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 NYSDOL will oversee implementation of the contract(s) resulting from this RFA, including regular monitoring of implementation and performance of the contract(s). # G. Applicant Requirements By submission of an application in response to this solicitation, Applicants agree with the Minimum 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.

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 VII (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.

AEG-3 RFA 10 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 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: Purchase and Contracts, MWBE Administrator Building 12, Room 465-469 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.

AEG-3 RFA 11 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.

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 10 th 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. 5. 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. AEG-3 RFA 12 Pursuant to Executive Order #6 which continues former Governor Andrew M.

Cuomo Executive Order #162 issued on January 9, 2017, Contractors and subcontractors will also be required to report the gross wages 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. 6.

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.

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 465-469, 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. H.

3. d. below).

b. SDVOB Utilization Plan (SDVOB 100, SDVOB-1 )AEG-3 RFA 13 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