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 are contracted and constructed in accordance with the Code of Federal Regulations (CFR). If CWC funds are new to your agency and its contracting officers, it is essential to meet with DOEE to learn how to incorporate these requirements during soliciting and contracting work. Below is an overview of required actions. A list of specific documentation is available in the attachments section below.

Special Note:

Per EPA RAIN-2025-G02 enforcement of the Disadvantaged Business Enterprise (DBE) outreach and reporting requirements is suspended. While US Department of Transportation (DOT) reevaluates the program and issues updated guidance, DOT-OST-2025-0897, state DOTs are not renewing existing or certifying new enterprises. DOEE’s CWC program will not require adherence to DBE requirements until further notice.

Contracting Requirements

2 CFR 200.317, Procurements by States and Indian Tribes, applies when a District agency, such as OCP or DGS, issues a solicitation consisting in whole or part of CWC federal and/or matching funds.

When conducting procurement transactions under a Federal award, a State or Indian Tribe must follow the same policies and procedures it uses for procurements with non-Federal funds…In addition to its own policies and procedures, a State or Indian Tribe must also comply with the following procurement standards:

§§ 200.321 – DBE Outreach (suspended)
§§ 200.322 – Domestic Preferences (Buy America, Build America)
§§ 200.323 – Procurement of Recovered Materials
§§ 200.327 – Miscellaneous Provisions (2 CFR 200, Appendix II)
- Breach of Contract
- Termination
- Equal Opportunity Clause
- Davis-Bacon and Related Acts
- Contract Work Hours and Safety Standards Act
- Rights to Inventions Made Under a Contract or Agreement
- Clean Air Act and Federal Water Pollution Control Act
- Debarment and Suspension
- Byrd Anti-Lobbying Amendment
- Prohibition on Certain Equipment or Services.

Seaton Elementary School raingarden during and after construction Additional details about these provisions are provided below.

Non-District contracting entities must adhere to 2 CFR 200.318-327.

Specific actions to take when drafting a contract solicitation

Take the following measures:

Advertise contracting opportunity to Disadvantaged Business Enterprise (DBE) contractors with appropriate skill sets
Leave solicitation open for at least 30 days
Obtain independent government estimate (IGE)

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

PDF of current version of 2 CFR 200, Appendix II
EPA Form 6600-06, Certification Regarding Lobbying
Build America, Buy America (BABA) provisions *construction only*
The current Davis-Bacon wage determination *construction only*

Add Special Contract Requirements:

Clause requiring adherence to Davis-Bacon and Related Acts and use of Davis-Bacon wage determination with 29 CFR 5.5 *construction only*
Clause detailing adherence to Contract Work Hours and Safety Standards Act, 40 U.S.C. 3702 and 3704, as supplemented by 29 CFR Part 5
Clause requiring adherence to the Copeland “Anti-Kickback” Act, 29 CFR 3
Clause stipulating wage determination shall be updated at option year execution and contract execution if 90+ days beyond the solicitation date, per 29 CFR 1.6
Clause requiring reporting of BABA adherence. Note EPA’s 5% de-minimus public interest waiver *construction only*
Use of project regulatory and sponsorship signage identifying project name and funding sources with the funders’ logos
Equal Opportunity Clause under 41 CFR 60-1.4(b)
Clauses detailing breach of contract and termination terms
Clause detailing adherence to Clean Air Act & Federal Water Pollution Control Act *>$150,000*

Require the following to be submitted with the proposal or bid:

Signed Certification Regarding Lobbying Form, EPA Form 6600

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

Bid or proposal tabulation
Bid or proposal
Documentation that contractor is not suspended or debarred from entering into federal and District contracts

Resources for Compliance with Federal Provisions

Davis-Bacon and Related Acts (DBRA)

Construction contracts and subcontracts must comply with the prevailing wage and associated reporting requirements. A current determination of prevailing wages must be included in the solicitation. Davis-Bacon Act wage determinations are available from SAM.gov. DOEE’s Guidance for Davis-Bacon compliance is available for download below. The U.S. Department of Labor’s Davis-Bacon website offers additional resources including trainings, fact sheets, and required informational postings that should be posted in English and Spanish and list DOEE’s CWC program manager as the point of contact for issues regarding laborer concerns.

Build America, Buy America

Procurement of all iron, steel, manufactured products, and construction materials in federally financed infrastructure projects must have a domestic preference unless a waiver or exemptions qualifies. The requirements and applicability can be found in 2 CFR Part 184. Certification templates and additional resources can be found on the U.S. EPA’s website. BABA contracting language is available for download.

Project Sign

Sponsor signage should follow the guidelines in the EPA Memo Guidelines for Enhancing Public Awareness of SRF Assistance Agreements. Please ask for guidance and images of EPA, DOEE, and other funder’s organizational logos. Signage requirements and examples can be downloaded below.

Downloads