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9.7.3.3 Training
Training is another area in which the initial needs may be readily identifiable,
but the RFP should be structured to allow contract development providing for
future training needs. Obtaining specific prices for the known training needs
in conjunction with hourly rates for subsequent training needs (subject to an
agreed-upon price increase index) should provide sufficient flexibility in the
long run.
With respect to the initial training needs, while it may be acceptable for the
RFP to state that certain details are subject to the mutual agreement of the
parties, elements that have a fiscal impact should be detailed in order to permit
the vendor to develop pricing and to minimize possible misunderstandings.
The RFP should clarify which party is responsible for the administrative aspects
of the training, e.g., whether the vendor or the government will organize the
training, arrange or contract for the site, provide the video recording of
the training, notify participants, etc. Another important consideration is the
location of the training, as location may impact the cost of travel and the time
commitment required. This aspect, however, may be addressed through the
inclusion of caps on travel reimbursement for a vendor (it is a mandatory
requirement in some jurisdictions).
The kind of training can also impact the pricing. If a lecture format is spec-
ified, many people can attend, and the number of attendees has minimal
impact on the vendor (with the exceptions of when the vendor is responsible
for the reproduction of handout materials or the administrative aspects). If
hands-on training is required, the possible number of attendees is reduced, and
someone must provide the necessary hardware and software and ensure that
the equipment is properly configured. For example, it is not uncommon to
specify a maximum of five trainees for hands-on training, as opposed to 25 for
a lecture. The RFP should address whether the vendor will be responsible
for conducting a pre- and post-test of the trainees or otherwise evaluate
them. While these are all solvable issues, lack of specificity can readily lead to
misunderstandings.
The RFP should also address the government’s expectations with regard to
ownership of any training materials or alternatively provide for licensure to use,
reproduce, or modify the training materials. Textual materials, such as training
materials, are forms of intellectual property that are subject to the protection
of copyright laws. While as a general proposition, it may be sufficient for the
government to obtain a license from the vendor to use, reproduce, and,
perhaps, modify the training materials (especially if a train-the-trainer format
is desired), consideration should be given to whether the government wishes
to take ownership rights over custom-developed materials. As noted in the
section on funding sources, there may be situations in which the government