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RFP Rater

Empire State After-School Program RFP

Office of Children and Family Services

Issue Date 08/02/2019 • Close Date 09/06/2019

Risk Profile

Score Summary

The overall score for this Request for Proposals is 68 percent, which makes this RFP a moderate to substantial risk for applicants.

 

Background

This request for proposals (“RFP”) is for the establishment or expansion of after-school programs for the Empire State After-School Program (ESAP).  Programs should offer a variety of educational, recreational, cultural and age-appropriate activities. “The proposal must integrate what happens in the school day with less formal learning experiences, and must encourage the active participation of children, youth, and families in the design and delivery of program activities.”

 

The goal of the ESAP is to offer students a number of different services for academic improvement, youth development, drug and violence prevention, counseling, career development, and other enrichment activities. The ESAP also provides a way for students’ families to be engaged in their children’s education.

 

Please note that the ESAP grant funds can “only be used to supplement, and not supplant, current local expenditures of federal, state or local funds on after-school programs and the number of students served in such programs from such sources.”

The New York State Office of Children and Family Services (“OCFS”) is the contracting agency, and the anticipated contract start date is September 1, 2019.

 

Key Concerns

Inadequate Time to Respond

This RFP was released on August 2nd, the proposal deadline is September 6th, and the notification of award is October 4th, but the contract start date is September 1st. This is an unreasonable timeline given that the proposal deadline is after the contract start date. Proposers would be notified of their awards a full month after the contract begins, which either forces them to take on the risk of ramping up and running their programs uncertain of whether or not they will receive the award or waiting and rushing to start their programs which will inevitably be several weeks behind.

 

There is inadequate time for nonprofits to prepare a high quality response as they are only given five weeks to submit their proposal, with the Labor Day holiday. Providers proposing for programs serving children under the age of 13 are required to obtain a School Age Child Care (SACC) registration and submit it with their proposal. “Programs that require a SACC registration may not begin to provide direct care services until they have that SACC registration in place.” This especially affects nonprofits that are not in SACC compliance already as the process is laborious and takes time. It would be impossible for organizations to comply with SACC regulations in time for a September 1 start, if you have not complied previously. This would also be a risk because “OCFS will not reimburse for any direct care services prior to the date of the SACC registration.”

 

Proposers are also required to provide a partnership agreement signed by the school district with their proposals. Unless the nonprofit has an existing relationship with an eligible school and the school is already familiar with the program that the nonprofit is providing, it is unreasonable to expect providers to obtain a partnership agreement by the proposal deadline. Proposers would have to not only educate the school about the ESAP, but also obtain approval by the school district, which is a timely process. The insufficient time given to respond to this RFP makes it difficult for newer organizations to competitively apply for this RFP. We understand that the school year begins soon, but proposers should be given more reasonable time to allow for stronger applications, better programs, and the identification of partners.

 

Inadequate Funding

The ESAP grant funds can only be used to “supplement, and not supplant, current local expenditures of federal, state or local funds on after-school programs and the number of students served in such programs from such sources. For example: an after-school program funded by OCFS that currently has 100 student participants and proposes to serve an additional 50 students will only be allowed funding through this RFP for those additional 50 students.” With the current underfunding of after-school programs and rates of only $1,600 per child, it is not feasible to deliver a high-quality program without supplemental funding. Also, the ESAP grant funds offer the same rate across New York State; however, costs vary widely by geographic area. Rates should take regional differences in costs into account and be adjusted accordingly.

 

“Funding is currently anticipated to be available for the first year of the contract, and the award of a multi-year contract does not guarantee that funding will be available for subsequent years.” Since funding is only guaranteed for the first year, and providers are paid such a nominal rate, this RFP creates substantial funding uncertainties that must be taken into consideration when applying. If the funding was aligned with actual costs, it would contribute to the sustainability of the organizations applying. The State should work closely with providers to determine what it actually costs to run a successful program and address the gaps in funding.

 

Indirect Cost Rate Calculation Pilot

We appreciate the State’s efforts to standardize indirect and administrative cost policies across human services agencies; however, there should not be a limit of 15% reimbursement for indirect costs. Nonprofits should be able to claim their full indirect costs.

 

HSC’s Methodology

The HSC RFP Rater assesses the feasibility, opportunities, and risk in City and State human services procurements. Rater scores are based on the RFP and related documents available to the public via New York City’s HHS Accelerator or New York State’s Grants Gateway. The rater consists of 60 questions developed and tested by a team of procurement professionals. The questions are based on information that is necessary to help prospective proposers assess risk.

 

Each answer is weighted based on the degree of risk inherent in the subject of the question. Answers that imply low to moderate risk are allotted points on a lower scale range compared to higher risk questions. For compound questions, the answer to both parts must be “yes” or “not applicable” to be considered low risk. Scores are calculated by adding all the question scores together. The higher the score, the greater the risk. The scoring range is from 60 to 230, with 0 percent risk equal to a score of 60 and the maximum risk score or 100 percent equal to 230 points. Users can view the answer to each question by clicking the down arrow next to each section to expand the section.

 

The HSC RFP Rater is not a substitute for the due diligence necessary to inform individual organization decisions.

 

Gloria Kim

Low Risk
High Risk

Program Design

Questions

1. Does the RFP include a clear scope of services?
Yes
2. Funding notwithstanding, is the program model/service design likely to produce the goals sought in the RFP?
No
3. Does the RFP allow for program innovation or service adaptation to meet community/population need?
No
4. If applicable, does the RFP include additional documents that enable a thorough review of program model, contract terms and conditions, or award agreements?
Yes
Low Risk
High Risk

Operating Requirements

Questions

1. Does the RFP detail or include an Appendix that spells out the terms and conditions for new contracts or delineate any changes in terms and conditions for renewals?
No
2. Does the RFP require staff to be credentialed, certified or licensed and allow a study or supervision plan for uncertified or unlicensed staff while they are pursuing required credentials?
No
3. Does the RFP specify caseload or staffing ratios and include a rationale for the methodology used?
Yes
4. Does the RFP specify staff:supervisor ratios and include a rationale for the methodology used?
No
5. Does the RFP require the use of a particular MIS system, HIT platform, case management or financial system?
Yes
6. Does the RFP allow shared staffing, equipment, vehicles, space or other efficiencies?
Yes
7. Does the RFP require operating licenses or permits that must be obtained from a city/state agency or department that is not the issuing agency?
Yes
8. If the issuing agency requires reporting and compliance activities, do they create an administrative burden and are these costs covered by the funding and built into the budget?
No
9. Does the RFP include specifications about organizational capacity to handle program administration: claiming/billing, reporting, compliance, and oversight requirements and are these costs built into the budget model?
Yes
10. Does the program require prior approval from multiple city or state agencies before beginning operations?
Yes
11. Does the RFP or Appendix include data governance rules describing ownership, portability, use and provision of provider access to program/client data and reports?
No
12. Does the RFP provide flexibility to amend budgets across line items or budget categories within the overall contract amount?
No
13. Does the RFP require the applicant organization to deliver services or operate programs in locations where it does not have site control?
Yes
14. Does the RFP or Appendix specify the process for year-end reconciliation?
No
15. Are payment terms (e.g., timeliness, advances, and recoupment) detailed in the RFP or Appendix?
No
16. To meet the operating requirements of the RFP will successful applicants be expected to submit paper copies of all invoices?
No
17. To meet the requirements of the RFP will successful applicants be expected to submit employee timesheets?
No
18. Does the RFP include additional documents that enable a thorough review of program model, funding, contract terms and conditions or award agreements?
Yes
Low Risk
High Risk

Financial Adequacy

Questions

1. Does the RFP provide resources to train, certify or credential staff and provide resources for coverage while staff are in training?
No
2. Does the RFP include requirements to hire residents, public assistance recipients, consumers/peers and provide resources in the budget model for recruitment, training, and supervision?
No
3. Does the RFP rate structure permit providers to pay a prevailing or competitive wage?
No
4. Does the RFP include a price/fee/rate per participant that supports program expenses, program outcomes and program administration?
No
5. Does the RFP allow the use of a federally approved indirect rate or allow a minimum of 15% overhead/indirect rate?
No
6. Do rates cover facility costs for owned/leased space?
Yes
7. Does the RFP limit the calculation of overhead to direct client services (no org admin)?
No
8. Does the RFP permit the organization to negotiate an indirect rate post-award?
No
9. Is start-up funding available for new programs?
No
10. Are resources available to support the technology, reporting, evaluation and monitoring activities associated with evidence-based or performance-based program models?
No
11. Is the rate methodology/budget model transparent and based on the actual cost of running a quality program?
No
12. Is close-out funding available to cover space, severance, vacation and other liabilities when the contract or program ends?
No
13. Does the RFP include a commitment to prompt payment?
No
14. Does the RFP budget model allow interest costs in the event of late payment?
No
15. Does the RFP include or require any private match (cash or in-kind) in its budget model?
No
Low Risk
High Risk

Performance Expectations

Questions

1. Does the RFP include enrollment and/or utilization targets that can be achieved with the model and resources available?
No
2. Does the RFP direct or limit the source of client referrals (control of referrals, eligibility or enrollment)?
No
3. Are RFP expectations for performance aligned with program design and goals (can deliverables and metrics be achieved with proposed model)?
No
4. Is significant performance risk built into RFP requirements (expectations of >85% performance goals reached before full payment)?
No
Low Risk
High Risk

Compliance

Questions

1. Does the RFP include unfunded compliance activities or mandates?
Yes
2. Does the RFP or Appendix specify annual program and financial audit requirements?
No
3. Does the RFP or Appendix detail reporting requirements?
Yes
Low Risk
High Risk

Sustainability

Questions

1. Does the RFP advance a unified approach to data collection, reporting and compliance monitoring across programs?
Yes
2. Does the RFP support a unified approach to staff salaries/wage levels and benefits across programs?
No
3. Does the RFP require/assume that the bidder will bring infrastructure (administrative, technology or programmatic) or other resources (staffing, in-kind) to support the program?
Yes
4. Will this be a multi-year or renewable contract?
Yes
5. Will this be a year-to-year contract?
No
6. Does the RFP budget model/rate structure build in annual baseline operating cost escalator/increase over the term of the contract for salaries/COLA?
No
7. Does the RFP budget model/rate structure build in annual baseline operating cost escalator/increase over the term of the contract for employee benefits and OTPS?
No
8. Does the RFP require linkage agreements or MOUs with community organizations or networks and provide resources in the budget model for program-related coordination or collaboration activities?
No
Low Risk
High Risk

Procurement Process

Questions

1. Does the RFP provide a minimum of six weeks in total to respond/submit?
No
2. Does the RFP specify a methodology for assessing an applicant’s past performance (Vendex score, program and/or financial audits
No
3. Does the RFP review process or scoring give a higher weight to the lowest price/bid?
No
4. Does the RFP scoring for organization expertise, experience and management capacity align with program/service goals and expectations?
Yes
5. Is the RFP review process and rationale for scoring programs/services transparent?
No
6. Is the RFP review process and rationale for scoring operating requirements transparent?
No
7. Is the RFP review process and rationale for scoring budget transparent?
No
8. Is the review process and rationale for scoring successful performance transparent?
No

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