Addendum 2 answers to questions and add attachment 4.docx

February 4, 2025

To: All Potential Respondents From: Lisa Connell, IEDA Issuing Officer

Subject: 269-RFP-1517-2025 CDBG 2025 Disaster Recovery Action Plan and Implementation Addendum Two

Inclusion of Attachment 4 to the RPF

Please amend the subject RFP to include “Attachment 4 – General Provisions Community Development Block Grant Program”, which was omitted from the RFP in error. The attachment begins on the following page.

ATTACHMENT # 4

GENERAL PROVISIONS

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

1.0 AMENDMENT.

1. WRITING REQUIRED. The Contract will only be amended through written prior approval of the Authority. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities.

1. UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, the Authority may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable Federal, State or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Recipient as an amendment to this Contract.

1. AUTHORITY REVIEW. The Authority will consider whether an amendment request is so substantial as to necessitate reevaluating the Authority’s original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved; if it does not meet requirements set forth in 261 Iowa Administrative Code, as applicable; or if it conflicts with the Program Rules.

2.0 AUDIT REQUIREMENTS.

1. SINGLE AUDIT. The Recipient shall ensure that an audit is performed in accordance with the Single Audit Act Amendment of 1996; OMB 2 CFR part 200, subpart E; and OMB 2 CFR part 200, subpart F, as applicable; and the Iowa CDBG Management Guide.

1. ADDITIONAL AUDIT. As a condition of the grant to the Recipient, the Authority reserves the right to require the Recipient to submit to a post Project completion audit and review in addition to the audit required above.

3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Recipient shall comply with all applicable State and Federal laws, rules, ordinances, regulations and orders including all Federal laws and regulations described in 24 CFR subpart K.

4.0 UNALLOWABLE COSTS. If the Authority determines at any time, whether through monitoring, audit, closeout procedures or by other means or process, that the Recipient has expended funds which are unallowable, the Recipient will be notified of the questioned costs and given an opportunity to justify questioned costs prior to the Authority's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is the Authority's final determination that costs previously paid by the Authority are unallowable under the terms of the Contract, the expenditures will be disallowed and the Recipient will repay to the Authority any and all disallowed costs. Real property under the Recipient's control in excess of $25,000 and equipment that was acquired or improved in whole or in part with CDBG funds shall be used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of the Agreement. If Recipient fails to use CDBG assisted real property that meets a National Objective during the five (5) year period the Recipient shall pay IEDA an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition or improvement to the real property.

5.0 SUSPENSION. When the Recipient has failed to comply with the Contract, award conditions or standards, the Authority may, on reasonable notice to the Recipient, suspend the Contract and withhold future payments, or prohibit the Recipient from incurring additional obligations of CDBG funds. Suspension may continue until the Recipient completes the corrective action as required by the Authority. The Authority may allow such necessary and proper costs which the Recipient could not reasonably avoid during the period of suspension provided the Authority concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB 2 CFR part 200, subpart E.

6.0 TERMINATION.

1. FOR CAUSE. The Authority may terminate the Contract in whole, or in part, whenever the Authority determines that the Recipient has failed to comply with the terms and conditions of the Contract.

1. FOR CONVENIENCE. The Parties may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds.

1. DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of the Authority, the Contract may be terminated in whole, or in part, if there is a reduction or termination of CDBG Federal block grant funds to the State.

7.0 PROCEDURES UPON TERMINATION.

1. NOTICE. The Authority shall provide written notice to the Recipient of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved "Budget Activity". The Recipient shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. The Authority's share of noncancelable obligations which the Authority determines were properly incurred prior to notice of cancellation will be allowable costs.

1. RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Recipient under the Contract shall, at the Authority’s option, become the property of the Authority.

1. RETURN OF FUNDS. The Recipient shall return to the Authority all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by the Authority which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to the Authority within thirty (30) days of the disallowance.

8.0 ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of the Authority, including the fees and expenses of its attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Authority under this Contract.

9.0 INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Authority, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Recipient in the performance of this Contract.

10.0 CONFLICT OF INTEREST.

1. GENERAL. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph (b) below who exercise or have exercised any functions or responsibilities with respect to CDBG assisted activities or who are in a position to participate in a decision making process or gainside information with regard to such activities may obtain a personal or financial interest or benefit from a CDBG assisted activity or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

1. PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Recipient, or of any designated public agencies, or subrecipients which are receiving CDBG funds.

1. CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the Recipient, its officials and employees.

11.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor.

12.0 CIVIL RIGHTS.

1. DISCRIMINATION IN EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, sexual orientation, gender identity, familial status, physical or mental disability. The Recipient may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, sexual orientation, familial status, gender identity, or physical or mental disability. Such action shall include, but may not be limited to, the following: employment, upgrading, promotion, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Recipient agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees Upon the State’s written request, the Recipient shall submit to the State a copy of its affirmative action plan, containing goals and time specifications, and accessibility plans and policies as required under Iowa Administrative Code chapter 11—121.

1. CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, sexual orientation, gender identity, physical or mental disability, or familial status.

1. SOLICITATION AND ADVERTISEMENT. The Recipient shall list all suitable employment openings in the State Employment Service local offices.

1. CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended; Chapter 19B.7 and Chapter 216, Code of Iowa; Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.); the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); The Americans with Disabilities Act, as applicable, (P.L. 101 336, 42 U.S.C. 12101-12213); Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794); and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Recipient will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations.

1. CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Recipient certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with awarding any Federal contract, making any Federal grant, making any Federal loan, entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

1. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction.

1. The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

1. PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise qualified individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P.L. 101 336, 42 U.S.C. 12101 12213) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) shall also apply to any such program, activity, or Project.

1. FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with Section 109, Title I of the Housing and Community Development Act of 1974, as amended.

1. SECTION 3 COMPLIANCE. The Recipient shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 75, Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

(i) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(ii) The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

(iii) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

(iv) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.

(v) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 75.

(vi) Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

(vii) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

1. NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 216, Code of Iowa) or as otherwise provided by law.

1. INCLUSION IN SUBCONTRACTS. The Recipient will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Recipient will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event the Recipient becomes involved in or is threatened by litigation with a subcontractor or provider as a result of such direction by the State of Iowa, the Recipient may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa.

Answers to Questions

Please amend the subject RFP to include answers to the following timely received questions:

Q1. How much flexibility will the consultant team have in designing programs, or are there pre-defined templates or approaches that must be followed?

A1. The consultant will work with the IEDA team to assist with program design. There is no pre-defined template for programs. However, the team will likely refer to previous disaster recovery programs to determine if there are models that can be replicated or revised with the new funding allocation.

Q2. Is the State of Iowa providing a dedicated project liaison or point of contact for the consultant team?

A2. Yes. The CDBG-DR team will provide a primary point of contact for the consultant, although the consultant may work with different members of the team.

Q3. Will the consultant team have access to existing data, reports, or resources from prior efforts, or will new data collection be required?

A3. IEDA can share existing data available. New data collection may be required. IEDA is awaiting additional guidance from HUD regarding the universal notice for funding.

Q4. What does the State of Iowa envision as the most critical milestones for the two-year contract, and how are these aligned with HUD requirements?

A4. Completion of the action plan, with all required components, is the most critical milestone. HUD requires completion of this plan within 90 days of publication of the universal notice. This date is currently April 13, 2025, although states may request additional time.

Q5. Are there specific deadlines mandated by HUD or other regulatory bodies that the consultant team must adhere to?

A5. HUD requirements for the action plan can be found in the universal notice here:

Federal Register :: Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees: The Universal Notice

See answer above regarding timeframe for action plan completion.

Q6. Are there existing citizen participation frameworks, tools, or platforms that the consultant team will need to build upon or replace?

A6. At this time, IEDA does not anticipate replacing a citizen participation framework will be necessary.

Q7. What level of involvement and support is expected from the IEDA team throughout the project lifecycle?

A7. The IEDA team will work regularly with the consultant to assist in plan development and develop programming. A timeframe for regular check ins and meetings will be determined with the selected consultant. We anticipate working with the contractor to determine what information IEDA has or may be able to provide for the action plan.

Q8. Are there specific challenges or risks the State of Iowa has faced with similar programs in the past that we should be aware of and address?

A8. IEDA will evaluate and consider previous disaster recovery programming when working on program design. However, at this time, we have not identified risks that potential contractors should plan to address in an RFP response.

Q9. What are the primary goals and objectives of the CDBG-DR program over the two-year timeline, and how would you define success for this program?

A9. The primary goals of this project are to 1. Complete and submit an annual action plan that meets all federal requirements and 2. Design and implement disaster recovery programs in impacted areas of the State. Success will be HUD approval of the state’s action plan and related documents, as well as the launch and implementation of disaster recovery funding programs.

Q10. Can you describe what is meant by providing "technical assistance"?

A10. The technical assistance sought by IEDA is described on page 5 of the RFP.

Q11. Are there SMEs/a team helping to provide the content needed? For example someone from the State of Iowa helps to provide the content for the public outreach and the consultant would drive the timeline and execution of the content?

A11. The CDBG Disaster Recovery team can assist the consultant with such content.

Q12. Has the Iowa EDA previously engaged a contractor for similar or related CDBG-DR services in the past (or presently)?

A12. Yes.

Q13. The Tasks and Deliverables include action plan development and Technical Assistance (TA), and optional other services. In the Cost Proposal Template, can IEDA clarify what tasks/deliverables would be covered in the Total Cost section, and which items would be covered by the Hourly Rate? That is, because TA and other optional services would be on an as needed or as directed by IEDA basis, would those be covered under the hourly rate, with only the action plan development cost to be provided in the first table? Put another way – the contract term is for two years, but there is only one deliverable currently defined. How does IEDA wish respondents to quantify and estimate for other services?

A13. To the extent possible, all costs associated with the work described in the RFP should be quantified by both a total cost and an hourly rate.

Q14. Section 2.2.2 requests the respondent to provide an hourly rate for TA and a “minimum and maximum number of hours the contractor could provide to IEDA” – the Cost Proposal attachment #3 does not include a place to propose hours. Please advise.

A14. This information can be added to attachment 3 or included elsewhere in the response.

Q15. Section 3.2.5.12 requests a letter of reference – can IEDA clarify whether IEDA services can be considered as reference, or is another reference required? Also, is an actual letter being requested, or the contact information for a stated reference?

A15. Another reference is required. Proposals should include a letter from at least one reference and contact information for each reference for which a letter is provided.

Q16. CDBG Plans & Reports | Iowa Economic Development Authority We understand that the Five Year Consolidated Action Plan is under development. Is there a vendor assisting IEDA with that Plan development, and if so, would that vendor be precluded from participating in the RFP for the CDBG-DR Action Plan development?

A16. Yes, IEDA is working with a vendor on the Consolidated Plan. The vendor will not be precluded from participating in this RFP.

Q17. We noted a Spring 2019 CDBG-DR Action Plan for the DR-4421 flooding event posted to the IEDA website. Is this the most recent CDBG-DR Action Plan prepared by IEDA for CDBG-DR funding allocation? Was there a vendor for this plan development, or was it developed in-house? If vendor, can IEDA share the name of the vendor?

A17. The most recent CDBG-DR Action plan was developed in 2022 after the Midwest derecho. That plan can be found here: 2020 CDBG-DR Derecho Recovery. ICF assisted with the development.

Q18. With respect to Section 6 of the RFP, it appears that the contract terms and conditions are not complete. Is there an updated contract template for review and that also includes HUD-required provisions?

A18. A service contract template is attached to this addendum. Additional terms can be found in attachment 4 to the RFP which is incorporated by this addendum.

Q19. Should the content requested under Specifications on RFP page 7 be included as part of the executive summary or should it be in a standalone section?

A19. Either approach is acceptable.

Q20. Can vendors provide position titles instead of names in the time and materials table as part of Attachment 3?

A20. Yes.

Q21. Can the State provide weights or percentages for the scoring criteria?

A22. A scoring metric has not yet been established for this RFP.

Q22. Section 2: Specification: 3. Optional other services:

This section states, "IEDA is interested in additional related services that could assist with the delivery of CDBG-DR programs, specifically construction management services."

Question:

Can IEDA provide further details on the specific types of support it envisions for construction management services? For instance, does this include program design, project management and oversight, and staff augmentation, or implementation support?

A22. Construction management services could include review of plans and specifications, review of construction documents, review for established green building standards, and possible technical assistance to staff on construction related questions/ issues should those arise.

Q23. Section 2: Specification: 3. Optional other services:

This section states, "IEDA is interested in additional related services that could assist with the delivery of CDBG-DR programs, specifically construction management services."

Question:

Does IEDA intend to implement the CDBG-DR programs through a direct administration model or a subrecipient model?

A23. IEDA intends to implement programs through a subrecipient model.

Q24. Section 6.4 Terms. Please provide a copy of the services contract.

A24. A copy of IEDA’s service contract template is attached to this addendum. Please also see attachment 4 to the RFP which is incorporated by this addendum.

Q25. Section 6.4 Terms. Please confirm whether Offerors will be able to negotiate the services contracts after contract award.

Q25. The selected contractor will be able to negotiate some terms in the services contract.

Q26. Attachment # 3 Cost Proposal.

Please confirm Offerors can include rate escalations as part of the cost proposal.

A26. Proposals may include rate escalations as part of the cost proposal.

Q27. Attachment # 3 Cost Proposal.

Can the Authority confirm the contract type is Time and Materials?

A27. Yes, the selected contractor will be paid for time and material costs actually incurred.

Q28. Attachment # 3 Cost Proposal.

Please confirm Offerors can modify the Cost Proposal Template in this section.

A28. The cost proposal template may be modified. However, cost proposals that do not provide substantially the same information as requested in the template may be rejected.

Q29. Attachment # 3 Cost Proposal states, "To help the Authority in comparing cost proposals, the cost proposal shall also identify an hourly rate for each of the specific service providers identified in the respondent’s proposal."

Can the IEDA clarify whether the price evaluation will be based on the hourly rates or the total price?

A29. Cost proposals will be evaluated as a whole, taking both the hourly rates and total price into consideration.

Q30. Attachment # 3 Cost Proposal. This question relates to the second table in this attachment. Are Offerors required to identify a service provider by name, or can Offerors identify a role and provide a brief description of the service to be provided?

A30. Proposals may identify a role and brief description of services in lieu of identifying service providers by name.

Q31. Does IEDA want the vendor to include in its response the creation of an Administrative Action Plan (as made optional by the Universal Notice)?

A31. Yes, that would be preferable.

Q32. Is IEDA interested in compliance monitoring services as an optional service. If so, is associated pricing required?

A32. Yes. IEDA would be interested in compliance monitoring and pricing information should be provided.

Q33. On paragraph 3 of page 7, there appears to be a missing section number. Will IEDA confirm that the following paragraph should be numbered 3.2.4?:

“Specifications. The Contractor shall answer whether or not it will comply with each requirement in Section 2 of the RFP and explain the process and methodology it intends to utilize to address the topics identified in Section 2 and any additional topics that the Authority considers to be relevant to the RFP. Where the context requires more than a yes or no answer or the specific requirement so indicates, Contractor shall explain how it will comply with the requirement. Merely repeating the Section 2 requirements may be considered non-responsive and result in the rejection of the Proposal. Proposals must identify any deviations from the requirements of the RFP or requirements the Contractor cannot satisfy. If the Contractor deviates from or cannot satisfy the requirement(s) of this section, the Authority may reject the Proposal.”

A33. This should be section 3.2.4. This has been corrected in the RFP. See document titled “CDBG DR Action plan RFP Corrected 2.4.25.” The original document will remain available to clarify questions answered in this addendum that refer to specific section numbers.

Q34. On pages 7-9, the paragraph numbering for sections 3.2.4-3.2.12 appears to be inconsistent with the proceeding numbering system. For instance, it appears that 3.2.4 should be Specifications, with the current paragraph split into individual paragraphs with the numbering system 3.2.4.1, 3.2.4.2, etc. It appears that 3.2.5 should be Vendor Background Information. It appears that 3.2.6 should be Experience with the numbering system updated to be 3.2.5.1, 3.2.5.2, etc. Will IEDA please correct the numbering system for Section 3 so that Contractors can confirm that the requirements are in the correct locations in their proposals?

A34. Numbering in the RFP has been revised. See document titled “CDBG DR Action plan RFP Corrected 2.4.25.” The original document will remain available to clarify questions answered in this addendum that refer to specific section numbers.

Q35. In which proposal (Technical or Cost) and section should Contractors certify compliance as stated in section 3.4?

A35. The certification requested in section 3.4 should be included in the technical proposal.

Q36. In section 5.2, the RFP states “Contractors may be disqualified if they contact any State employee other than the Issuing Officer about the RFP except that Contractors may contact Kym Stevenson at 515.348.6193 or tsbcert@iowaeda.com on issues related to the preference for Targeted Small Businesses.” Will IEDA please confirm that there is no preference for Targeted Small Businesses for this RFP and remove this language from the RFP?

A36. The sentence quoted from section 5.2 remains part of the RFP. The intent of its inclusion is to acknowledge the requirements of Iowa law relating to targeted small businesses, including that solicitations are available to targeted small businesses forty-eight hours prior to public availability of the solicitations.

Q37. Section 2.2 Proposed Scope of Work and Deliverables states that the contractor will develop the public action plan for the State of Iowa's 2025 CDBG-DR allocation. Can you provide more details on how IEDA anticipates allocating those funds across the eligible CDBG-DR program areas (housing, infrastructure, economic revitalization, public services, etc.)?

A37. IEDA has not decided on programming at this time. However, we believe there will be a need for housing development, infrastructure improvements, property buy outs, and possibly public services.

Q38. Section 4.3: Overview of Evaluation indicates that the evaluation committee will fully evaluate and score all Responsive Proposals submitted by Responsible Contractors in accordance with this Section and lists evaluation criteria in Section 4.4: Evaluation Criteria. Can IEDA share the scoring methodology for each evaluation criterion (e.g., point system)?

A38. A scoring metric has not yet been established for this RFP.

Q39. Section 4.4:11 identifies the “ability to integrate with Authority administrative applications” as an evaluation criterion. Can IEDA share what administrative applications and specific software platforms are currently in use?

A39. IEDA currently uses Iowagrants.gov to administer CDBG funds, including disaster recovery funds.

Q40. To what extent has IEDA performed Unmet Needs analysis for this funding? At this point in time, has IEDA made any determination on proposed State Grantee MID Counties?

A40. IEDA has not made determinations at this time.

Q41. IEDA requested that the cost proposal also identify an hourly rate for each of the specific service providers identified in the respondent’s proposal in the second table. This table requested the name and service to be provided. Please confirm the following levels of granularity sought by the Authority: (1) Name: Does the Authority expect a roster of staff proposed or a position title, and (2) Service to be Provided: Does the Authority seek this information at Task Level (Action Plan, Technical Assistance, Optional Other Services) or Subtask/Deliverable level (e.g., develop implementation plan)?

A41. Either a staff name or position title is acceptable. The information should be provided in a way that IEDA can clearly identify the work proposed to be identified by the individuals listed.

Q42. Page 2 of the RFP lists an attachment that is not included in the RFP package. Will IEDA please provide Attachment 4 – General Provisions, Community Development Block Grant Program?

A42. Yes, attachment 4 is incorporated by this addendum to the RFP.

Q43. Page 6, Section 2: Specifications, it is noted that IEDA is interested in “Optional other services.” Should the cost of optional services be included in the total price presented in Attachment 3 (Cost Proposal) or excluded from the total price but presented in another manner within the technical or cost proposal?

A43. Any approach that clearly distinguishes the cost of optional services is acceptable.

Q44. Page 9, Section 3.4 Information Security Policies. The RFP states, “Contractor shall certify it can comply with applicable information security policies. State of Iowa Security Standards can be found at: https://ocio.iowa.gov/standards under the Security section.” Please advise if this certification should be included in the Cost Proposal or Technical Proposal?

A44. The certification should be included in the technical proposal.

Q45. Who are the key stakeholders involved in the project, both internally (e.g., within IEDA) and externally (e.g., community groups, local governments)?

A45. Internal stakeholders include IEDA leadership and the CDBG-DR team. External stakeholders include local governments.

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CONTRACT BETWEEN

IOWA ECONOMIC DEVELOPMENT AUTHORITY

AND [contractor]

The parties agree as follows:

SECTION 1 IDENTITY OF THE PARTIES

1.1 The Iowa Economic Development Authority (IEDA) is authorized to enter into this Contract pursuant to Iowa Code section 15.106A. IEDA's address is 1963 Bell Avenue; Suite 200, Des Moines, IA 50315. The Principal Contact for IEDA is:

[contact] Phone:

Email:

1.2 [contractor] (Contractor) is organized pursuant to Iowa law and authorized to do business in the State of Iowa. Contractor's address is [address]. The Principal Contact for Contractor is:

[contact] Phone:

Email:

SECTION 2 PURPOSE

The parties have entered into this Contract for the purpose of [purpose].

SECTION 3 DURATION OF CONTRACT

3.1 The term of this Contract shall be from July 1, 2020 to June 30, 2021, unless terminated earlier in accordance with the Termination section of this Contract.

3.2 IEDA shall have the sole option to renew and extend this contract for subsequent periods, adding up to no more than three years total, by executing a signed contract extension prior to the expiration of this Contract.

SECTION 4 SCOPE OF SERVICES

4.1 Contractor shall provide the services described on the attached EXHIBIT A: STATEMENT OF WORK AND BUDGET (SOW/Budget).

4.2 Contractor shall not enter into agreements with subcontractors without prior IEDA approval except as stated herein.

4.3 Monitoring Clause. In compliance with the State of Iowa Accountable Government Act, IEDA will monitor Contractor’s performance monthly by logging any complaints regarding Contractor's performance and meeting with Contractor to address those complaints to ensure that Contractor is meeting the deliverables of the Contract and achieving the specified results. Contractor will be required throughout the duration of the Contract to satisfactorily provide timely maintenance services in order to meet the desired outcomes.

4.4 Review Clause. IEDA will review all work performed by Contractor under this Contract and recommend payment for that work, or portion of the work, that conforms to this Contract. IEDA shall have the right to review and observe, at any time, completed work or work in progress. Contractor shall allow the State of Iowa or IEDA to, without cost, inspect its facilities and books and records relating to invoicing and time records for the purpose of monitoring and evaluating performance of this Contract.

SECTION 5 COMPENSATION

5.1 Pricing. For the services described in the SOW/Budget, Contractor will be paid an amount not to exceed [amount] allocated as set out in Exhibit A. The amount is based on the level of service performed.

5.2 Billings. Contractor shall submit an invoice each month for services rendered in accordance with this Contract. Each invoice shall comply with all applicable rules concerning payment of such claims. IEDA shall pay all approved invoices in arrears and in conformance with Iowa Code section 8A.514. IEDA may pay in less than sixty (60) days, as provided in Iowa Code section 8A.514. However, an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa Code section 8A.514.

5.3 Delay of Payment Due to Contractor's Failure to Perform or Deliver. If IEDA determines that Contractor has failed to perform or deliver any service or product required by this Contract, Contractor shall not be entitled to any compensation or any further compensation, if compensation has already occurred under this Contract, until such service or product is performed or delivered. IEDA shall withhold that portion of the invoice amount which represents payment for the task or deliverable that was not completed, delivered and successfully deployed.

5.4 Erroneous Payments and Credits. Contractor shall promptly repay or refund to IEDA the full amount of any overpayment or erroneous payment within ten (10) business days after either discovery by Contractor or notification by IEDA of the overpayment or erroneous payment.

5.5 Set-off Against Sums Owed by Contractor. In the event that Contractor owes IEDA or the State of Iowa any sum under the terms of this Contract, any other Contract, pursuant to any judgment, or pursuant to any law and including, but not limited to, any State taxes in arrears, IEDA may set off such sum against any sum invoiced to IEDA by Contractor. This may be done in the IEDA's sole discretion, unless otherwise required by law.

SECTION 6 TERMINATION

6.1 Immediate Termination by IEDA. IEDA may terminate this Contract immediately without advance notice for any of the following reasons: IEDA determines that the actions of, or failure to act by Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, a client's life, health or safety to be jeopardized; Contractor fails to comply with confidentiality laws or provisions; or Contractor furnished any statement, representation or certification in connection with this Contract or the RFP which is materially false, deceptive, incorrect or incomplete. In the event Contractor is required to be certified or licensed as a condition precedent to providing services, the revocation or loss of such license or certification will result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect.

6.2 Termination for Cause. IEDA may terminate the Contract for cause if Contractor breaches the Contract; becomes the subject of any bankruptcy or insolvency proceeding; has failed to comply with applicable state or federal laws, rules, ordinances, regulations or orders; or has otherwise engaged in conduct that has or may expose the State or IEDA to liability, as determined in the IEDA's sole discretion. If Contractor breaches or does not comply with any term, provision, promise, representation, or warranty of this Contract, IEDA shall provide written notice to Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the IEDA's written notice to Contractor. If the breach or noncompliance is not remedied by the date specified in the written notice, IEDA may immediately terminate the Contract without additional written notice.

6.3 Following 30 days' written notice, IEDA may terminate this Contract in whole or in part without the payment of any penalty or incurring any further obligation to Contractor. Following termination upon notice, Contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under this Contract to IEDA up to and including the date of termination.

6.4 Termination Due to Lack of Funds or Change in Law. IEDA shall have the right to terminate this Contract without penalty by giving thirty (30) days' written notice to Contractor if, in IEDA's sole discretion, adequate funds are not appropriated or granted to allow IEDA to operate as required and to fulfill its obligations under this Contract; if funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by IEDA to make any payment hereunder are insufficient or unavailable for any other reason as determined by IEDA in its sole discretion; if IEDA's authorization to conduct its business or engage in activities or operations related to the subject matter of this Contract is withdrawn or materially altered or modified; if IEDA's duties, programs or responsibilities are modified or materially altered; or if there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects IEDA's ability to fulfill any of its obligations under this Contract.

6.5 The Contractor’s Termination Duties. Upon receipt of notice of termination or upon request of IEDA, Contractor shall: cease work under this Contract and take all necessary or appropriate steps to limit disbursement and minimize costs and furnish a report within thirty (30) days of the date of notice of termination describing the status of all work under the Contract including, without limitation, results accomplished and conclusions resulting therefrom and any other matters IEDA may require; immediately cease using and return to IEDA any personal property or materials, whether tangible or intangible, provided by IEDA to the Contractor; and comply with IEDA's instructions for the timely transfer of any active files and work product produced by Contractor under this Contract.

SECTION 7 REPRESENTATIONS AND WARRANTIES

7.1 Property, Concepts, Materials, and Works Produced. Contractor represents and warrants that title to any property assigned, conveyed or licensed to IEDA is good, that transfer of title or license to IEDA is rightful, and that all property shall be delivered free of any security interest or other lien or encumbrance. Contractor represents and warrants that all the concepts, materials and works produced or provided to IEDA pursuant to the terms of this Contract shall be wholly original with Contractor or that Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such concepts, materials and works.

7.2 Professional Practices. Contractor represents and warrants that all of the services to be performed hereunder will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable, trained and qualified personnel.

7.3 Authority to Enter into Contract. Contractor represents and warrants that it has full authority to enter into this Contract and that it has not granted and will not grant any right or interest to any person or entity that…