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A few extra steps are needed to ensure compliance with federal contracting requirements. Below is a list of compliance activities, followed by details and links to websites to aid in these efforts. At the bottom of this page are examples of several required submissions and postings that may easily be downloaded.
Required Administrative Submissions (for more information on bullet points, scroll down)
- Certification Regarding Lobbying Form (submitted in response to solicitation)
- Proof of Acquisition of bids, payments, and performance bond (construction only)
- Documentation of efforts to offer subcontracting opportunities to Disadvantaged Business Enterprises (DBEs)
- Two-week look-aheads. These reports, submitted every two weeks during active construction, detail the tasks to be performed each day of the upcoming two-week work period, while noting which subcontractors will be on site performing those tasks. An example of this can be downloaded at the bottom of this page (construction only)
- Certified Payrolls (construction only)
- Invoices detailing time and materials, description of work performed, documentation of all expenditures, and subcontractor utilization summary
Required Postings at Construction Site (for more information on bullet points, scroll down)
- Permits, as applicable
- Davis-Bacon Wage Rate Determination
- Davis-Bacon poster listing the Clean Water Construction program lead as the point of contact
- English
- Spanish - Example Project Sign
- Equal Employment Opportunity information
- Approved construction plans (present, not posted)
- Build America, Buy America (BABA) compliance (present, not posted)
Detailed Information on Required Administrative Submissions
Disadvantaged Business Enterprise (DBE) Outreach
Contractors and subcontractors must employ the Six Good Faith Efforts during subcontracting. Documentation of these efforts must be submitted with the bid, and again later if subcontractors are contracted after the initial contract is awarded. Refer to these DBE directories for direction with compliance requirements: DC DOT DBE Directory, DC Department of Small and Local Business Development DBE Directory, MD DOT: Office of Minority Business Enterprise Directory, and the VA DBE Directory. An example of DBE outreach documentation is available for download below.
Employment Opportunity (EEO) Compliance
Employers must post a notice describing federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information. An "EEO is the Law" poster can be downloaded or ordered from the EEOC poster webpage and is available in English, Arabic, Chinese and Spanish. Place this poster on the worksite where notices to applicants and employees are customarily posted.
Project Sign
The project sign informs the public about the nature of the work and the sources and amounts of public funding supporting it. This project sign must be large enough and posted in a place that allows drivers and pedestrians passing by to easily see it. When designing the sign, contact the project manager for guidance on sign text, agency logos, and funding contributions, and secure final approval before sending the project sign to print. Project signage examples and requirements can be downloaded below.
Stormwater Management Plan Permit
CWC projects are not waived from securing Stormwater Management Plan permits typically obtained from DOEE. Voluntary projects that do not include any regulated work must apply for the requisite permits thru DOEE’s Stormwater Retention Credit permitting process. For additional information, see the DOEE Stormwater Management Guidebook.
Invoices
Invoices for work performed must follow the requirements of the contracting agency, but at a minimum, approvable invoices contain the following:
- Company letterhead
- Date of submittal
- Dates of invoice period
- Invoice number
- Contract number
- Project name
- Total amount of contract (and change orders as applicable)
- Total amount requested
- Ledger of amounts requested, amounts received, and balance remaining
- Description of work performed
- Amount paid to each subcontractor (as applicable)
- Backup documentation such as payroll register, accounting records, invoices and/or receipts (as applicable)
- Signature of authorized company representative or agent
- BABA Compliance
Davis Bacon Wage Rate Determination
The Davis-Bacon Wage Rate Determination (DBWD) is provided in the contract solicitation and determines the minimum amount of money and fringe benefits that must be paid under each labor category. Print this list, highlight the labor categories that will be used in the project, and post the entire list in an area of the construction site where laborers are most likely to see it. Require the site foreman to display this wage determination posting to each laborers employed at site with an explanation of how to read it.
When identifying labor categories, if it’s determined that one or more labor roles cannot be matched with an existing labor category, contact CWC staff immediately. The prime contractor is required to work with the Department of Labor (DOL) to have this category added, and CWC staff can provide guidance and DOL contacts. Labor signage requirements can be downloaded below.
For additional information about wage determinations and conformance of work types, refer to DOL’s Davis-Bacon Wage Determination Conformance Request Guide.
Certified Payroll
To comply with requirements of the Davis-Bacon Act, contractors are required to submit certified payrolls within one week after the close of that pay period. DDOT contractors must submit these to DDOT, and all other contractors or grantees must submit them to DOEE CWC staff. A DOEE-produced certified payroll template is available for download below. Submission of alternate template designs, such as the U.S. Department of Labor’s template, is allowable.
