February 20, 2018

Mr. Daniel Giddens
Assistant Secretary NC Department of Commerce-
Division of Workforce Solutions
313 Chapanoke Rd., Suite 120
Raleigh, NC 27699

Dear Assistant Secretary Giddens,

The Southwestern Workforce Development Board is requesting a waiver of training prohibition to operate the WIOA Adult, Dislocated Workers, and Youth programs for the Tri-County Area (Cherokee, Clay & Graham Counties) based on the following information.

A Request for Proposals (RFP) was issued on January 11, 2018 – January 13, 2018 for contractor proposals to operate the Southwestern Local Area’s WIOA Program Year 2018 Adult, Dislocated Workers and Youth programs in its seven county region. The solicitation was also emailed directly to six major program contractors who had requested that they be included on our Bidders List for our WIOA Adult, Dislocated Workers, and Youth programs.

Southwestern Local Area WIOA Program Year 2018 Adult, Dislocated Workers, and Youth RFP packages were received on February 12, 2018 with no bidder wishing to operate the Tri-County Area (Cherokee, Clay & Graham Counties) WIOA Adult, Dislocated Workers, And Youth programs. Upon discovery of this fact I had a conversation with our current WIOA program contractors and asked if either of them was interested in contracting for the Tri-County Area WIOA Program Year 2018 programs. Neither contractor was interested in doing so at this time.

The Southwestern Local Area has operated the Tri-County Area Adult, Dislocated Workers, and Youth programs in the three county area for current Program Year 2017 as well as in prior years. The Southwestern Workforce Development Board is familiar with the Tri-County Area, the workforce partners in that area, and the workforce needs of the Tri-County Area. To that end it has made great strides over the past year with selecting and providing effective WIOA program staffing for that area as well as increasing WIOA program outreach, WIOA partnerships, and WIOA program recruitment.

The Southwestern Workforce Development Board works closely with Tri-County Area employers, Tri-County Community College, the Tri-County NCWorks Career Center, and other workforce partners to determine and assist in the implementation of effective training programs to meet the needs of local employers.

The Southwestern Workforce Development Board will ensure there is a clear and distinct firewall between the Board and the services delivered to its Tri-County Area customers. It will ensure the same quality of service, quality of programs, and quantity of programs (as available) are available to the customers of the area. The Board WIOA Program and Accountability Manager will manage the WIOA programs for the Tri-County Area. The Board Workforce Development Director will ensure the programs and services are delivered with no conflict of interest and in a necessary and equitable fashion. He will also maintain financial accountability for the programs.

Please contact me with any questions pertaining to this request. Thank you for your consideration.


Todd Douglas
Workforce Development Director


Southwestern Workforce Development Board does not discriminate on the basis of age, sex, race, marital status, color, religion, national origin or disability.

This request will be open for public comment from February 20, 2018 through March 21, 2018. Please contact Todd Douglas, Workforce Development Director with any comments or concerns related to this request. Contact information is:

Phone: 828-586-1962 Ext.210
Email: todd@regiona.org









Deputy Secretary


State Approved Waiver:


February 26, 2018

Mr. Dennis Myers, Chairman

Southwestern Workforce Development Board Industrial Opportunities, Inc.

Post Office Box 1649 Andrews, NC 28901

Dear Chairman Myers:

Local Workforce Development Boards are required to use a competitive procurement process to select providers of Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth services. However, WIOA Section 107(g)(1)(B) allows that a waiver of these procurement requirements may be granted under certain conditions.

All requests for a waiver of this requirement must be forwarded to the Division of Workforce Solutions and must contain the following information:

(I) based upon a failed competitive procurement, satisfactory evidence that there is an insufficient number of eligible providers of such a program of training services to meet local demand in the local area;

(Il) information demonstrating that the board meets the requirements for an eligible provider of training services under Section 122; and

(Ill) information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area.

We have received correspondence from the Southwestern Workforce Development Board requesting a waiver of the requirement to contract with another entity to provide the above referenced services. Based upon the information submitted, which satisfies items I – Ill above, the waiver request is approved.

Please keep in mind that a waiver of this requirement granted to a local Workforce Development Board shall apply for a period that shall not exceed one year. The waiver may be renewed for additional periods, based upon evidence submitted to the Division and if the Board continues to meet the requirements of the provisions stated above.

Please contact me if you have further questions.


Daniel L. Giddens

Assistant Secretary cc: Mr. Todd Douglas, Director Southwestern Workforce Development Board

State of North Carolina I Division of Workforce Solutions 313 Chapanoke Road. suite 120 | 4316 Mall Service Center I Raleigh, NC 27699-4316 919    0400 TAn Equal Opportunity Employer/Program. Auxiliary aids and services available to persons with disabilities.