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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 Federal Requirements and Contract Provisions for Work under the Federal Water Pollution Control Act (Clean Water Act), As Amended for US EPA, Region III, 2023 (Federal Insert). 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.
Please refer to the 2023 Updates to the Federal Contracting Insert document, available for download below, for notable revisions.
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
- Leave solicitation open for at least 30 days
- Obtain engineer’s cost estimate
2: Attach the following documents to your solicitation and reference them in the text of the solicitation:
- The Federal Insert, 2023 edition
- EPA Region III Federal Insert summary, 2023 edition
- Certification Regarding Lobbying Form, 2023
- The current Davis-Bacon Wage Determination *construction only*
- DOEE Stormwater Management Rules
3: Add Special Contract Requirements:
- Clause requiring adherence to Davis-Bacon Act and use of Davis-Bacon Wage Determination *construction only*
- DBE Outreach requirement for all subcontracting. You may substitute your agency’s DBE hiring requirement in lieu of outreach.
- MBE/WBE Reporting (included with invoices)
- 100% Payment and Performance Bonds *construction only*
- Use of project regulatory and sponsorship signage identifying project name and funding sources with the funders’ logos.
- Clause requiring adherence to the Build America, Buy America Act (BABA).
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% Bid Bond
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
- Selected proposal and selection justification
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: District Departments of Transportation and Small and Local Business Development, Maryland, and Virginia. An example of DBE outreach documentation is available for download below.
Davis-Bacon Act
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 require informational postings that should be posted in English and Spanish.
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.
