RFP for Climate Action Planning Assistance CPRG Status Report & GHG Inventories.pdf

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Attached to
Climate Action Planning Assistance for the East Central Iowa Climate Pollution Reduction Grant (CPRG) Status Report
Solicitation number
ECICOG-2
Issued by
Black Hawk County, Iowa

About this file

This is a Request for Proposals (RFP) issued by the East Central Iowa Council of Governments (ECICOG) seeking consultant services to develop a Climate Pollution Reduction Grant (CPRG) Status Report and greenhouse gas (GHG) inventories for a six-county region encompassing Benton, Iowa, Johnson, Jones, Linn, and Washington counties. The consultant will be responsible for six primary tasks: project management including kickoff meetings and ongoing coordination with ECICOG and a technical advisory committee; updating the regional GHG inventory using EPA's Local Greenhouse Gas Inventory Tool across six counties with data for agriculture, commercial and residential buildings, transportation, industry, electricity generation, waste management, wastewater, and natural lands; updating GHG emissions projections and targets; conducting an implementation status review of measures in the existing Comprehensive Climate Action Plan; developing next steps and future budget recommendations; and producing a final ADA-compliant Status Report document. Additionally, the consultant must complete GHG inventories for up to eight cities in the region, prepare standalone reports for each community, and conduct educational meetings with participating cities. The RFP was released August 10, 2026, with a deadline for written questions at 4 p.m. on August 24, 2026, answers posted by 1 p.m. on August 28, 2026, and proposals due by 1 p.m. on September 11, 2026. All deliverables must be completed by August 1, 2027. ECICOG will interview two to three finalists and recommend the preferred bidder to the ECICOG Board of Directors for final approval.

The project is funded through two separate federal EPA CPRG grants, requiring the selected contractor to execute two distinct cost-reimbursable contracts with established cost ceilings. One contract covers work in the Cedar Rapids Metropolitan Statistical Area (Benton, Linn, and Jones counties), while the second covers the Iowa City MSA (Johnson, Washington, and Iowa counties), with regional work split evenly between both contracts. Cost proposals must itemize hourly rates and hours for professional and administrative staff assigned to each of the six tasks, along with expenses for travel, materials, printing, and other direct costs. Bidders may propose subcontractors, though a primary contractor must manage all subcontractors; team composition may not be altered after proposal submission without written approval. The contractor must maintain all working papers for five years and comply with applicable federal contract requirements including Equal Employment Opportunity, Byrd Anti-Lobbying Amendment compliance (for bids exceeding $100,000), debarment and suspension requirements, Clean Air Act and Federal Water Pollution Control Act compliance (for contracts exceeding $150,000), and DBE subcontractor payment requirements within 30 days. Proposals are evaluated on technical expertise and regional understanding (35 points), relevant experience and qualifications (35 points), approach and responsiveness (15 points), and cost-effectiveness (15 points), with interview evaluations weighted similarly on expertise and experience (25 points each). Key personnel identified in the proposal may not be substituted without prior written ECICOG approval.

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Request for Proposals

Climate Action Planning Assistance for the East Central Iowa

Climate Pollution Reduction Grant (CPRG) Status Report

RFP Release Date August 10, 2026 Deadline to Submit Questions 4 p.m., August 24, 2026 Answers to Questions Posted 1 p.m., August 28, 2026 RFP Submittal Deadline 1 p.m., September 11, 2026

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION I – SUMMARY

SECTION II – SCOPE OF WORK

Task 1: Project Management

Task 2: Regional Greenhouse Gas (GHG) Inventory, Projections, and Targets Update

Task 3: Implementation Status Update

Task 4: Develop Next Steps/Future Budget and Staffing Needs

Task 5: Develop Report Content and Produce Final Status Report Document

Task 6: Community Greenhouse Gas Inventories

SECTION III – INSTRUCTIONS TO BIDDERS

A. General

B. Questions

C. Submittal of Proposals

D. Interviews

SECTION IV – PROPOSAL FORMAT & CONTENT

A. Technical Proposal

B. Cost Proposal

SECTION V – PROPOSAL & INTERVIEW EVALUATION

SECTION VI – FEDERAL CONTRACT REQUIREMENTS

Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

40 CFR, Section 33.302 Are there any additional contract administration requirements?

SECTION I – SUMMARY

The East Central Iowa Council of Governments (ECICOG) seeks a consultant to provide assistance as we develop the required Status Report to complement our Comprehensive Climate Action Plan (CCAP), Pathway to a Resilient Future: Regional Strategies for East Central Iowa (Pathway Plan).

This planning effort is funded by the United States Environmental Protection Agency’s (EPA) Climate Pollution Reduction Grants (CPRG) program. The Pathway Plan and other grant related information can be found at https://www.talkto.ecicog.org/pathway.

ECICOG seeks assistance with the following required and encouraged/optional elements of the Status Report in accordance with EPA requirements:

• GHG Data Updates o Six (6) County GHG Inventories o Regional GHG Emissions Projections o Regional GHG Targets

• Implementation Progress o Implementation Status Update o Implementation Narrative o Metrics Tracking Measure Implementation o GHG Emissions Reductions o Review of Authority to Implement o Measure Costs o Intersection with Other Funding o Workforce Planning Analysis o Benefits Analysis

• Next Steps/Future Budget and Staff Needs

ECICOG plans to submit the Status Report to the EPA no later than August 1, 2027. The consultant and ECICOG will establish interim deadlines to allow time to review and edit the Status Report before the submission date. The Status Report and supporting documentation must be ADA compliant.

Separate from the Status Report, ECICOG also seeks assistance with completing a GHG inventory for up to eight (8) cities of varying size and composition in the region. The consultant will be expected to work closely with ECICOG to complete the GHG inventories and develop a strategy to educate the participating communities’ staff and/or leadership about the results. The GHG inventories, reports, and meetings should be completed no later than August 1, 2027.

The East Central Iowa Council of Governments (ECICOG) is an intergovernmental council established in 1973 under Chapter 28E and provided for under Chapter 28H of the Code of Iowa.

Our mission is to help build vibrant, forward-thinking communities and a collaborative and resilient region. ECICOG’s skilled staff has been providing innovative services across our region for nearly 50 years by leveraging state and local resources, promoting regional collaboration, planning for the future, and sharing technical skills.

https://www.talkto.ecicog.org/pathway

ECICOG is the lead coordinating agency for the EPA’s CPRG planning grants to the Cedar Rapids and Iowa City MSAs, which include Benton, Iowa, Johnson, Jones, Linn, and Washington counties.

For the CPRG planning grants, ECICOG has developed the region’s Priority Climate Action Plan (PCAP) and Comprehensive Climate Action Plan (CCAP) referred to as the Pathway Plan.

To incorporate existing sustainability and climate action planning expertise within the region, ECICOG convened a technical advisory committee that includes the sustainability and climate action staff from Cedar Rapids, Iowa City, Johnson County, and Linn County. Throughout the Status Report update process, the committee may join project management meetings and review deliverables.

Desired qualifications for a consultant or team of consultants include:

• Extensive knowledge of the GHG emissions inventory development process including a solid understanding of the EPA Local Greenhouse Inventory Tool.

• Extensive knowledge and experience in GHG emissions projections.

• Extensive knowledge and experience in setting GHG reduction targets.

• Ability to identify and quantify locally relevant GHG reduction measures.

• Extensive knowledge and experience in estimating costs to implement GHG reduction measures.

• Extensive knowledge and experience in analyzing workforce issues related to climate action.

• Prior experience working with regional and local governments and agencies to develop climate action plans.

• Prior experience developing plan content and design elements.

If a team of consultants respond to this RFP, ECICOG expects a primary contractor to manage the team members as subcontractors. ECICOG will not contract with team members separately.

Bidders must indicate which team member is the primary contractor. In addition, bidders using a team of consultants must clearly state which team member is responsible for each task in the Scope of Work.

While applicants need only submit one proposal in response to this RFP, this project will be funded with two federal grants, so the chosen contractor will enter two separate contracts. The work performed in the Cedar Rapids MSA of Benton, Linn, and Jones counties will be funded under one contract, and the work performed in Iowa City MSA of Johnson, Washington, and Iowa counties will be funded under another contract.

https://www.epa.gov/statelocalenergy/local-greenhouse-gas-inventory-tool

SECTION II – SCOPE OF WORK

Task 1: Project Management The consultant will convene an initial kick-off meeting, virtual or in-person, with ECICOG and the local technical advisory committee to:

• Review the Scope of Work

• Develop a shared understanding of project objectives and deliverables

• Review data needs and collaboratively identify available data sources and potential gaps

• Develop a shared understanding of how to engage with stakeholders and communities

• Confirm project timelines and roles

After the kick-off meeting, the consultant will continue to coordinate with ECICOG, including regular project management meetings. The consultant will be expected to provide progress reports that cover budget, timeline, and deliverables. ECICOG’s advisory committee may participate in project management meetings as feedback on Status Report development is necessary.

Task 2: Regional Greenhouse Gas (GHG) Inventory, Projections, and Targets Update In the Status Report, ECICOG will include an update of the GHG inventory prepared for the Pathway Plan. The GHG inventory and baseline were prepared using 2023 and 2019 data, respectively. The GHG inventory must be developed using EPA’s Local Greenhouse Gas Inventory Tool for each county in the six-county region. The GHG inventory must include primary greenhouse gases (CO2, CH4, N2O, HFCs, PFCs, SF6, and NF3) and the following sectors: agriculture, commercial and residential buildings, transportation, industry and electricity generation, waste and materials management, wastewater, and natural and working lands (including sinks).

The GHG inventory must be developed in accordance with ECICOG’s EPA-approved quality assurance and procedure plan (QAPP). A QAPP has been developed and approved, but it will need to be amended to include the contractor. The amendment process will be completed in coordination with ECICOG and EPA Region 7. A copy of the current QAPP can be provided upon request by contacting Alicia Presto at alicia.presto@ecicog.org.

Based on the updated GHG inventory and/or changes in the region, the projections and targets in the Pathway Plan may need to be updated and included in the Status Report. ECICOG will work with the consultant to determine whether updates are necessary for the Status Report.

Task 3: Implementation Status Update In the Status Report, ECICOG must provide an update on the implementation status of GHG measures developed for the Pathway Plan. ECICOG plans to expand beyond the basic reporting requirements and include the encouraged updates noted in the Status Report Primer.

mailto:alicia.presto@ecicog.org

Task 4: Develop Next Steps/Future Budget and Staffing Needs In the Status Report, ECICOG must provide the next steps the agency intends to take, if any, to implement the Pathway Plan. ECICOG expects the consultant to guide the agency and technical through a strategic planning process to identify next steps with a realistic and regional focus.

Task 5: Develop Report Content and Produce Final Status Report Document The consultant will develop a report design (layout, design concept, etc.) and content in coordination with ECICOG to ensure the Status Report meets EPA and ADA guidelines. The technical advisory committee will review and provide edits, if needed. The final document must be submitted to EPA by.

Task 6: Community Greenhouse Gas Inventories The consultant will complete GHG inventories for up to eight (8) cities in the region. The GHG inventory must be developed using EPA’s Local Greenhouse Gas Inventory Tool. The consultant will be expected to work closely with ECICOG to complete the GHG inventories and develop a strategy to educate the participating city’s staff and/or leadership in how the GHG inventory was completed and how to use the information for decision making, ideally connecting to actions in the Pathway Plan.

The consultant will prepare a standalone report for each community with the GHG inventory and a technical appendix. In addition, the consultant will work with ECICOG to hold a meeting (hybrid in-person/virtual is acceptable) with each city to share inventory results.

SECTION III – INSTRUCTIONS TO BIDDERS

A. General

1. All proposals must be made in accordance with the conditions of this RFP. Failure to address any of the requirements is grounds for rejection of the proposal.

2. All information should be complete, specific, and as concise as possible.

3. Proposals should include any additional information that the bidder deems pertinent to the understanding and evaluation of the proposal.

4. ECICOG may modify the RFP or issue supplementary information or guidelines during the proposal preparation period prior to the deadline. Please check https://www.talkto.ecicog.org/pathway for updates prior to the deadline.

5. All proposals shall constitute firm offers valid for ninety (90) days from the deadline. Once submitted, proposals may be withdrawn, modified and resubmitted through the designated RFP contact up until the deadline.

6. ECICOG reserves the right to reject any and all proposals.

7. The cost for developing the proposal is the responsibility of the bidder and shall not be chargeable to ECICOG.

B. Questions

1. All questions must be in written form and submitted to Meagan Prestegard at meagan.prestegard@ecicog.org with the subject line “ECICOG CPRG Status Report RFP Question.” No phone calls will be accepted, and ECICOG will only respond to technical questions regarding this RFP.

2. Questions must be submitted no later than 4 p.m. CT on Monday, August 24, 2026. Bidders will not be able to submit questions after this time.

3. All questions will be answered in writing and posted on https://www.talkto.ecicog.org/pathway by 1 p.m. CT on Friday, August 28, 2026.

C. Submittal of Proposals All proposals must be submitted according to the specifications set forth in Section IV Proposal Format & Content, and this section. Failure to adhere to these specifications may be cause for the rejection of the proposal.

1. Deadline – All proposals are due no later than 1 p.m. CT on Friday, September 11, 2026, and must be submitted electronically to Alicia Presto at alicia.presto@ecicog.org with the subject line “ECICOG CPRG Status Report RFP Submission.”

2. Signature – All proposals must be signed by an authorized representative of the bidder.

3. Submittal – Submit an electronic copy in Adobe Acrobat PDF file format to the designated

RFP contact. All documents must be combined in a single PDF file. Electronic submissions will be acknowledged with a confirmation email. Late proposals will not be accepted. Any correction or re-submission of proposals will not extend the submittal deadline.

4. Grounds for Rejection – A proposal may be rejected at any time if it arrives after the deadline, or is not in the prescribed format, or is not signed by an individual authorized to represent the firm.

mailto:meagan.prestegard@ecicog.org mailto:alicia.presto@ecicog.org

5. Disposition of the Proposals – All responses to this RFP become property of ECICOG and will be kept confidential until a recommendation for award of a contract has been announced. Thereafter, submittals are subject to public inspection and disclosure under Iowa law. If a respondent believes that any portion of its submittal is exempt from public disclosure, it may mark that portion “confidential.” ECICOG will use reasonable means to ensure that such confidential information is safeguarded but will not be held liable for inadvertent disclosure of the information. Proposals marked “confidential” in their entirety will not be honored, and ECICOG will not deny public disclosure of any portion of submittals so marked. By submitting a proposal with portions marked “confidential,” a respondent represents it has a good faith belief that such portions are exempt from disclosure under Iowa law and agrees to reimburse ECICOG for, and to indemnify, defend, and hold harmless ECICOG, its officers, employees, and agents, from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs, and expenses, including without limitation, attorneys’ fees, expenses, and court costs of any nature whatsoever, arising from or relating to ECICOG’s non-disclosure of any such designated portions of a proposal.

6. Modification – Once submitted, proposals, including the composition of the contracting team, may be altered up until the deadline. Proposals may not be modified after the deadline.

D. Interviews

1. ECICOG and the technical advisory committee will interview two to three bidders.

2. Staff from the bidder and subcontractor(s), if applicable, that would be assigned to work on the project must participate in the interview

3. Submittal of new proposal material at an interview will not be permitted.

4. Interviews may involve a presentation and/or a question-and-answer session.

SECTION IV – PROPOSAL FORMAT & CONTENT

Proposals should follow the format outlined below and include all requested information. Failure to submit proposals in the required format may result in the proposal being eliminated from evaluation and consideration.

A. Technical Proposal

a. Cover Letter (Section I) – Include the name, address, and telephone number of the firm, and signed by the person(s) authorized to represent the firm.

b. Contact Information – Provide the following information about the firm:

i. Address and telephone number of office nearest to Cedar Rapids, Iowa, and the address and phone number of the office that each of the proposed staff members are based out of, if different.

ii. Name of firm’s representative designated as the contact and email address.

iii. Name of project manager, if different from the individual designated as the contact.

c. Table of Contents – Clearly identify material contained in the proposal by section.

d. Summary (Section II) – State your firm’s overall approach to assisting with the development of a regional climate action plan that meets EPA CPRG requirements.

e. Experience and Qualifications (Section III) – Provide a statement of your firm’s background and related experience in providing similar services to governmental organizations, if any, or describe the capabilities of the firm to complete the project.

f. References (Section IV) - Provide a minimum of three (3) references of other, similar projects including company name or government entity, contact name, title, phone number and e-mail address for all references listed. For each reference, include a description of services provided and dates the services were provided.

g. Project Methodology (Section V) – Provide a description of the methodology to be used to accomplish each task (Tasks 1 – 6) included in Section II: Scope of Work.

h. Project Schedule (Section VI) – Provide projected milestones for completing the project by August 1, 2027.

i. Project Organization (Section VII) – Describe the proposed management structure, program monitoring procedures, and organization of the proposed team. Provide a statement addressing your firm’s ability and willingness to commit and maintain staffing to successfully conclude the project on the proposed project schedule.

j. Assigned Personnel (Section VIII) – Provide the following information about the staff to be assigned to the project:

i. List all key personnel assigned to the project by name and title. Provide a description of their background, along with a summary of their experience in providing similar services for governmental agencies, and any specialized expertise they may have. Background descriptions can be a resume, curriculum vitae, or summary sheet. Please note, substitution of the project manager or staff will not be permitted without prior written approval from

ECICOG.

ii. Provide a statement of the availability of staff in any local office with requisite qualifications and experience to conduct the requested project.

iii. Provide a statement of education and training programs provided to, or required of, the staff identified for participation in the project.

k. Subcontractors (Section IX) – List subcontractors that will be used, the work to be performed, and total number of hours they will spend on the contract. Please describe how the prime contractor will coordinate with subcontractors, e.g., communication, task completion, quality assurance, etc.

l. Retention of Working Papers (Section X) – All working papers are the property of ECICOG. Include a statement acknowledging that if your firm is awarded the contract, you will retain project-related papers and reports for a minimum of five (5) years and will provide any project-related papers to ECICOG upon request.

m. Conflict of Interest (Section XI) – Address possible conflicts of interest with other clients affected by contractors’ actions performed by the firm on behalf of ECICOG.

ECICOG recognizes that prospective bidders may have contracts to perform similar services for other clients. Include a complete list of such clients for the past three

(3) years with the type of work performed and the total number of years performing such tasks for each client. ECICOG reserves the right to consider the nature and extent of such work in evaluating the proposal.

B. Cost Proposal This project will be funded with two federal grants, so the chosen contractor will enter two separate contracts. The work performed in Benton, Linn, and Jones counties will be funded under one contract, and the work performed in Johnson, Washington, and Iowa counties will be funded under another contract. Cost proposals must include the information below.

Area Primary Contractor Subcontractor (if applicable)

Benton, Linn, and Jones counties

List the hourly rates, number of hours, and total cost for each level of professional and administrative staff to be used to complete each task (Tasks 1-6) in Section II: Scope of Work

List the hourly rates, number of hours, and total cost for each level of professional and administrative staff to be used to complete each task (Tasks 1-6) in Section II: Scope of Work

List expenses for travel, presentation materials, supplies, deliveries, black/white and color printouts and copies, faxes, photo scans, copywriting and copyediting services.

List expenses for travel, presentation materials, supplies, deliveries, black/white and color printouts and copies, faxes, photo scans, copywriting and copyediting services.

List of other fees or charges List of any other fees and charges Provide the total contract cost Provide the total contract cost

Johnson, Washington, and Iowa counties

List the hourly rates, number of hours, and total cost for each level of professional and administrative staff to be used to complete each task (Tasks 1-6) in Section II: Scope of Work

List the hourly rates, number of hours, and total cost for each level of professional and administrative staff to be used to complete each task (Tasks 1-6) in Section II: Scope of Work

List expenses for travel, presentation materials, supplies, deliveries, black/white and color printouts and copies, faxes, photo scans, copywriting and copyediting services.

List expenses for travel, presentation materials, supplies, deliveries, black/white and color printouts and copies, faxes, photo scans, copywriting and copyediting services.

List of other fees or charges List of other fees and charges Provide the total contract cost Provide the total contract cost

SECTION V – PROPOSAL & INTERVIEW EVALUATION

ECICOG staff and the technical advisory committee will evaluate all proposals and conduct interviews. The reviewers will recommend the selection of the contractor to the ECICOG Board of Directors for final approval.

Proposals will be evaluated on the following criteria:

Criteria Description Points

Expertise

Technical expertise and firm’s ability to perform and complete the work in a professional and timely manner.

Demonstrates understanding of the character and needs of the six-county region.

Skills and Experience

Relevant experience and qualifications of the firm and, in particular, past experience of the team working on projects of similar scope for other governmental agencies.

Approach Responsiveness of the proposal, based upon a clear understanding of the work to be performed. 15

Cost Cost or cost effectiveness and resource allocation strategy. 15 Total 100

ECICOG and the technical advisory committee will interview two to three bidders with the highest proposal evaluation scores. The staff from the bidder and subcontractor(s), if applicable, that would be assigned to work on the project must participate in the interview.

Interviews will be evaluated on the following criteria:

Criteria Description Points

Expertise

Technical expertise and firm’s ability to perform and complete the work in a professional and timely manner.

Demonstrates understanding of the character and needs of the six-county region.

Skills and Experience

Relevant experience and qualifications of the firm and, in particular, past experience of the team working on projects of similar scope for other governmental agencies.

Total 50

When the proposal and interview evaluation process is complete, ECICOG will notify the preferred bidder and initiate the contract negotiation process. All other bidders will be notified of the results.

Proposal and interview evaluation scores will be available upon request. A debrief meeting option will not be offered to unsuccessful bidders.

SECTION VI – FEDERAL CONTRACT REQUIREMENTS

This project will be funded with two federal grants. The chosen contractor will be expected to enter into two separate cost-reimbursable contracts with a ceiling that may not be exceeded. The work performed in Benton, Linn, and Jones counties will be reimbursed under one contract, and the work performed in Johnson, Washington, and Iowa counties will be reimbursed under another contract.

Work completed for the entire region will be split evenly between the two contracts. The chosen consultant will be required to track and document hours and expenses under each contract.

In addition, the chosen contractor will be subject to the following federal contract provisions, as applicable.

Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

https://www.govinfo.gov/link/uscode/41/1908 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/executive-order/11246 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-3/part-1964 https://www.federalregister.gov/executive-order/11375 https://www.federalregister.gov/executive-order/11246 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5

In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.

235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.323.

(K) See § 200.216.

(L) See § 200.322.

40 CFR, Section 33.302 Are there any additional contract administration requirements?

(a) A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient.

(b) A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor.

(c) If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described in §

33.301 if soliciting a replacement subcontractor.

(d) A recipient must require its prime contractor to employ the six good faith efforts described in §

33.301 even if the prime contractor has achieved its fair share objectives under subpart D of this part.

https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 https://www.ecfr.gov/current/title-2/section-200.323 https://www.ecfr.gov/current/title-2/section-200.216 https://www.ecfr.gov/current/title-2/section-200.322

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