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Clean Water Construction Grant Program - Resources for Contracting Officers

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The DOEE Clean Water Construction (CWC) program is responsible for ensuring that all CWC projects be contracted and constructed in accordance with the Federal Requirements and Contract Provisions for Work under the Federal Water Pollution Control Act, As Amended for US Environmental Protection Agency, Region III (Federal Insert). If CWC funds are new to your agency and their contracting officers, it is essential to meet with DOEE to learn how and where to incorporate these requirements when soliciting and contracting for project work. Below is an overview of required action. A list of specific documentation is available in the attachments section below.Seaton Elementary School raingarden during and after construction

Specific actions to take when drafting a contract solicitation

1: Take the following measures:

  • Advertise contracting opportunity to Disadvantaged Business Enterprise (DBE) contractors with appropriate skill sets
  • Keep solicitation open for at least 30 days
  • Get engineer’s cost estimate

2: Attach the following documents to your solicitation and reference them in the text of the solicitation:

  • The Federal Insert - available for download below
  • The Certification Regarding Lobbying Form
  • The current Davis-Bacon Wage Determination (NOT a Service Contract Act wage determination)
  • DOEE Stormwater Management Rules adopted on July 22, 2013 and amended January 2020

3: Add Special Contract Requirements:

  • Clause requiring adherence to Davis-Bacon Act and use of Davis-Bacon Wage Determination
  • DBE Outreach requirement for all subcontracting. If your agency or organization has an existing DBE hiring requirement, then use that instead of the outreach requirement
  • MBE/WBE Reporting requirement
  • Payment and Performance Bond requirement
  • Use of project sign identifying project name and funding sources, including the funder’s logos

4: Require the following to be submitted with the bid:

  • Signed Certification Regarding Lobbying Form
  • Documented DBE Outreach activities, or if there is a DBE hiring requirement, then the DBE subcontracting plan

5: Submit to DOEE along with executed contract or task order for selected bidder:

  • Bid tabulation
  • Bidder’s documentation of DBE Outreach for subcontractors
  • Signed Certification Regarding Lobbying Form
  • Proof of acquisition of Performance and Payment Bonds
  • Documentation that contractor is not suspended or debarred from entering into federal and/or District contracts

Resources for Compliance with Federal Insert

Disadvantaged Business Enterprise (DBE) Outreach

Award recipients must employ the Six Good Faith Efforts during the prime contracting process, and must require contractors to employ the same during subcontracting. Documentation of these efforts must be submitted to DOEE. Refer to these DBE directories for direction with compliance requirements.

An example of DBE outreach documentation is available for download below.

Davis-Bacon Act

Construction contracts and subcontracts must comply with the prevailing wage requirements and associated reporting requirements. A current determination of prevailing wages must be included in the solicitation.  Davis Bacon Act Wage determinations are available from the U.S. Department of Labor’s Davis-Bacon website. A Guidance for Davis Bacon Compliance is available for download below.

Project Sign

EPA has special requirements with regard to sign content that is significantly different than what is presented in the Federal Insert. Please ask for guidance and images of EPA, DOEE, and other funder’s organizational logos. Signage requirements and examples can be downloaded below.

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