Cover Sheet for Invitation for:

Request for Qualifications #USD-2026-04 Professional Engineering Services for the

Truckee Meadows Water Reclamation Facility (TMWRF) Disinfection Improvements Project

If you are submitting a Response to a Request for Qualifications, please utilize our online portal.

https://www.planetbids.com/portal/portal.cfm?CompanyID=40669

Request for Qualifications for:

TMWRF Disinfection Improvements Project

CITY OF RENO

P.O. Box 1900 Reno, NV 89505

(775) 399-0149

Date: August 24, 2026 RFQ No. USD-2026-04

INVITATION AND ADVERTISED REQUEST FOR QUALIFICATIONS

Submissions will be received until 2:00 pm on 09/25/2026 via our online portal.

The City of Reno is currently accepting electronic submissions for a qualified professional engineering consultant. This Request is exempt from standard NRS 332 guidelines per Chapter 332.115(1)(b). The selection of a qualified professional engineering consultant is within the discretion of the governing body.

Questions regarding the Request for Qualifications shall be submitted via the online portal under the Questions Tab.

Per the attached Terms, Conditions, and Requirements.

Firm Name _______________________

Address __________________________

City _____________________________

State ____________ Zip Code ________

Telephone ________________________

Fax _____________________________

E-mail ___________________________

In compliance with this Invitation for Request for Qualifications and subject to all Terms and Conditions thereof, the undersigned offers and agrees, if selected, to furnish any or all of the items or services listed herein at the fees and terms stated. I also acknowledge receipt of 15 pages of this Invitation to Request for Qualifications.

Signature _______________________________

Print Name ______________________________

Print Title _______________________________ https://www.planetbids.com/portal/portal.cfm?CompanyID=40669

TABLE OF CONTENTS

Page

A. REQUEST FOR QUALIFICATIONS PROCESS AND RULES

1. Request for Qualifications Schedule:

2. Questions/Clarifications:

3. Request For Qualifications Receipt Time:

4. Preparation of Request for Qualifications:

5. Submission of Response to Request for Qualifications:

6. Late Request for Qualifications:

7. Withdrawal of Request for Qualifications:

8. Tax Exemption:

9. Request for Qualifications Evaluation:

10. Billing:

11. Assignment:

12. Submitter’s Status

B. GENERAL TERMS AND CONDITIONS

1. Notice of Rights

2. Preparation of Request for Qualifications

3. Selection of Consultant

4. Funding-Out Clause

5. Insurance Requirements

6. General Requirements

7. Minimum Qualifications

8. Federal Requirement

C. DISCLOSURE OF PRINCIPALS

D. CERTIFICATION

SCOPE OF WORK

A. REQUEST FOR QUALIFICATIONS PROCESS AND RULES

1. Request for Qualifications Schedule:

Schedule of Events Date

RFQ Released 8/24/2026

Site Visit 9/2/2026

Last Day to Submit Questions 9/10/2026

All Addendums to be Posted to PlanetBids 9/16/2026

Responses to RFQ Due to City of Reno 9/25/2026 at 2:00pm local time

City Panel Review of Submittals and Notify Selected Candidates for Interview Anticipated 9/30/2026

Interviews Anticipated 10/8/2026

Notification of Selection of Consultant Anticipated 10/12/2026

The City of Reno reserves the right to modify this schedule at The City’s discretion. Notification of changes in the Request For Qualifications, due date, and deadline for questions will be posted on The City website at www.reno.gov or as otherwise stated herein. Changes in any other anticipated dates will not be released unless deemed necessary at the sole discretion of the City.

Description of Scheduled Events:

• Request For Qualifications Released – The City will release the Request

For Qualifications document via the best method available. The best method of distribution of the Request For Qualifications will be in descending order as follows: E-mail, Facsimile, placement on City website, USPS Mail, and our online portal.

• Deadline For Questions – The deadline for any questions concerning the Request For Qualifications is 9/10/2026, at 2:00 pm local time (PDT). Any questions submitted after the deadline will not be responded to.

• All Addendums to be Posted by – All addendums to the Request For Qualifications shall be posted to the online portal no later than 5:00 p.m.

local time on 9/16/2026. All proposals submitted for this Request For Qualifications must have all addendums attached and acknowledged. Any proposal that does not include the addendums is subject to rejection.

• Proposal Due to City – The due date for the sealed Request For Qualifications response is 9/25/2026, at 2:00 p.m. local time. All proposals received after the date and time set for receipt will be

REJECTED.

Request For Qualifications documents are available on PlanetBids (Invitation #USD-2026-04) for downloading.

2. Questions/Clarifications:

Questions regarding the Invitation to Request For Qualifications shall be via the online portal under the Questions Tab. Questions should be submitted in accordance with the schedule of events in the Scope of Work. If any questions or responses necessitates revision to this solicitation as originally published, such revisions will be by formal addendum only. If the solicitation includes a contact person for technical information, any oral or written representations made by this or any person shall not be relied upon unless subsequently ratified by a written amendment to this solicitation issued by the City. To determine whether any representations made require an addendum be issued, please contact Haley Chew, Associate Civil Engineer - 775-531- 7222.

3. Request For Qualifications Receipt Time:

It is mandatory that all responses to the Request For Qualifications are signed by a duly authorized representative of the firm, and received via our online portal no later than 2:00 P.M. Local Time on Friday, September 25, 2026.

4. Preparation of Request for Qualifications:

The submitter shall examine all specific instructions, and terms and conditions of the Invitation to Request for Qualifications. Failure to do so will be at Submitter’s risk.

Any addenda issued shall forthwith become an integral part of the Request for Qualifications. Submitters shall be required to acknowledge receipt of the same by signing and returning the addenda with the original Request for Qualifications document.

In the space provided, a duly authorized representative of the firm shall sign the Request for Qualifications document.

Submitter shall proofread his response to the Request for Qualifications carefully for errors.

The response shall be no more than 30 pages (15 pages front and back) of content (i.e. exclusive of cover, table of contents, divider pages, etc.) 8 ½ inches by 11 inches with a minimum 11-point font excepting that a maximum of 4 of 30 pages (or 2 of 15 pages front and back) can be 11 inches by 17 inches tri-fold format. An appendix can be used for resumes which won’t count towards the 30 (or 15 front and back) page limit.

5. Submission of Response to Request for Qualifications:

Submitter shall sign and return the ENTIRE Request For Qualifications form.

RFQ submissions must be received via our online portal no later than 2:00 p.m. local time on Friday, September 25, 2026.

The City will only accept submission via our online portal. Email, facsimile, or verbal proposals will NOT be accepted.

6. Late Request for Qualifications:

Any response to the Request for Qualifications received after the specified deadline shall be rejected.

7. Withdrawal of Request for Qualifications:

A Response may be withdrawn at any time.

8. Tax Exemption:

The City is exempt from Nevada State Sales Tax by act of the Nevada State Legislature, NRS 372.325, which exempts all local governments within the State of Nevada. The City is also exempt from Federal Excise Tax.

9. Request for Qualifications Evaluation:

Reponses to the Request for Qualifications shall be evaluated with consideration to the responses to questions posed within the RFQ document related to process, references and based on conformance to requirements, terms and conditions of the RFQ as stated herein.

10. Billing:

All original billings should be addressed to:

City of Reno Attention: Accounts Payable P.O. Box 1900 Reno, NV 89505

11. Assignment:

No Assignment of any agreement resulting from this award of this Request for Qualifications shall be allowed

12. Submitter’s Status

Minority Status: Has this firm been certified as a minority, women owned or disadvantaged business enterprise by any governmental agency?

_____Yes _____No If yes, please specify government agency:

Date of certification:

The above is for information only. The City encourages minority business participation; however, no preferences shall be given.

Notice to disabled persons: The City will make reasonable accommodations for disabled persons who wish to submit Request for Qualifications or attend a Request for Qualifications opening by contacting Haley Chew prior to the Request for Qualifications opening date.

Debarment and/or Suspension: As required by Executive Order 125.49, Debarment & Suspension, and implemented at 34CFR Part 85, the Submitter certifies that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from transactions with any Federal Department or Agency.

City of Reno Business License Number and Expiration Date :

Reno Municipal Code, Section 4.04.020 requires that any business operating within the City of Reno be required to possess a valid City of Reno business license. Be advised that upon award of a contract/agreement to perform services for the City of Reno, a current business license must be in your possession before commencing business.

NONDISCRIMINATION: In connection with the performance of work under this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, religion, color, veteran status, sex, sexual orientation (means having or being perceived as having an orientation for heterosexuality, homosexuality, or bi-sexuality), gender identity or gender expression (means a gender-related identity, appearance, expression, or behavior of a person regardless of the person's assigned sex at birth), physical condition, disability, national origin, or any other protected class status applicable under federal, state or local law, rule or regulation. Race includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

B. GENERAL TERMS AND CONDITIONS

1. Notice of Rights

a. The City reserves the right to not select a response to the Request for Qualifications.

b. The City reserves the right to require such surety as may be deemed necessary for the protection of the City, or to ensure the satisfactory performance in accordance with the specifications and Request for Qualifications documents.

c. The City reserves the right to withhold award for a period of ninety (90) days from the date of Request for Qualifications opening.

2. Preparation of Request for Qualifications

a. All responses to the Request for Qualifications must be submitted in accordance with any document attached hereto and made an integral part hereof.

b. For assistance with this Request for Qualifications, contact Haley Chew, Associate Civil Engineer at 775-531-7222.

3. Selection of Consultant

a. Site Visit – A site visit is scheduled for Wednesday, September 2, 2026, at 11:00am at the Truckee Meadows Water Reclamation Facility, 8500 Clean Water Way, Reno, NV 89502 in front of the Administration Building. The visit will be in-person and will not be offered virtually. The site visit is not mandatory. Since the current site conditions versus available as-built record drawings may vary, participation in the site visit is recommended.

Questions asked during the visit will be logged and posted to PlanetBids and, if warranted, an addendum will be issued addressing the questions or comments.

b. Selection Panel Review - It is anticipated that the selection panel will consist of engineering and technical staff chosen from the following agencies: City of Sparks Truckee Meadows Water Reclamation Facility and the City of Reno Utility Services Department.

c. The City will select based on qualifications. Each complete submittal will be reviewed and scored by the panel as a whole. The weight assigned to each criterion is shown below.

i. Firm Experience and Past Performance (30 Points)

(a) Experience in bulk chemical storage/dosing technologies and design for similar regional or municipal wastewater treatment plants.

(b) Experience managing construction for municipal wastewater treatment plants (WWTPs), specifically chemical storage and dosing facilities.

(c) Performance on completed and ongoing projects of comparable size and complexity, including references and documented outcomes.

(d) Successful coordination with public agencies and multiple stakeholders.

(e) Experience with federally funded and/or grant funded projects.

ii. Qualifications & Licenses of Project Team and Key Personnel (25 Points)

(a) Qualifications and resumes of key personnel, including project manager, process engineer, planner, and other discipline leads.

(b) Relevant experience of the proposed team with similar projects.

(c) Availability of staff and commitment to the project timeline.

(d) Assessment of the proposed team’s history of working together, ability to work collaboratively, and communicate effectively.

iii. Project Management, Quality Control, and Construction Management (20 Points)

(a) Approach to project management, including communication protocols, reporting, and budget tracking.

(b) Ability to maintain schedule, meet project deadlines, and manage subconsultants.

(c) Quality control and assurance procedures and methodologies.

(d) Approach to construction management, including managing material lead times and minimizing change orders.

iv. Understanding of Project and Approach (25 Points)

(a) Ability to identify and collect data necessary to perform site analyses.

(b) Knowledge of bulk chemical storage and dosing technologies.

(c) Innovation in chemical storage and dosing designs.

d. After being scored by the selection panel, the highest ranked firms (up to 3 firms) from this list will be invited for a presentation and interview. The City will post a notification of the Short-Listed applicants. Each Short-List applicant is to prepare a presentation (fifteen [15] minutes in length) that describes the Short-List Applicant’s ideas, unique experience and resources, and innovation applicable to meeting or exceeding the project goals. The second portion of the interview will consist of questioning by the reviewing panel. It is anticipated the interviews will occur on October 8, 2026.

e. The City will notify all unsuccessful Submitters of the results.

f. For purposes of meeting the City’s performance standards, Submitters shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures to perform the services subject to the City’s final approval.

4. Funding-Out Clause

a. In the event the City fails to obligate requisite funds for the ensuing fiscal year(s) for payment of amounts due against an agreement resulting from this Qualifications, necessitating cancellation of the Agreement, the successful Submitter(s) shall agree to hold the City free from any charge or penalty.

5. Insurance Requirements

a. Successful Submitter shall procure and maintain Comprehensive or Commercial General Liability Insurance (occurrence form) from a carrier licensed to do business in the State of Nevada with a Best rating of A.VII or above. Minimum acceptable policy limits shall be in an amount of not less than two million dollars ($2,000,000.00), combined, single limit, occurrence based policy, in a form satisfactory to the City and four million dollars ($4,000,000.00) annual aggregate. A certificate of insurance evidencing said coverage shall be supplied by successful Submitter upon request, naming the City as an Additional Insured under the liability policy.

The liability policy shall contain a provision that such policy shall not be cancelled until thirty (30) days prior written notice of cancellation has been received by the City.

b. Successful Submitter shall have worker's compensation coverage as required by the State of Nevada.

c. Successful Submitter shall have Errors and Omissions Liability insurance in the amount of at least two million dollars ($2,000,000.00) per claim and at least four million dollars ($4,000,000.00) as an annual aggregate during the term of this Agreement and for six years after the completion of the project, with each subsequent renewal having a retroactive date that predates the date of this Agreement.

d. Successful Submitter shall maintain automobile insurance with limits of no less than $1,000,000 or combined single limit per accident for bodily injury and property damage. No aggregate limit may apply.

6. General Requirements.

a. Submitters are required to read and understand all information contained within this entire Qualifications package. By responding to this Request For Qualifications, the Submitter agrees to read and understand these documents. All Submitter communications concerning this acquisition shall be submitted via the online portal under the Questions Tab.

b. To avoid any uncertainty within the Request For Qualifications process, all communication with the City must be in writing (e-mail, fax or written correspondence).

c. Unless authorized in writing by the Project Lead, no other City of

Reno/Sparks official or City of Reno/Sparks employee is empowered to speak for the City with respect to this acquisition. Any Submitter seeking to obtain information, clarification, or interpretations from any other City of Reno/Sparks official or City of Reno/Sparks employee other than Haley Chew is advised that such action is done at the Submitter’s own risk. The City will not be bound by any such information, clarification, or interpretation. Further, any attempt by a Submitter to obtain information regarding this RFQ from anyone other than the Project Lead or Management Analyst may be grounds for rejection of the Submitter’s submission.

d. Submitters shall respond to all inquiries by the City for insurance documents and/or corrections to those documents to meet the needs of the City, in a prompt manner. Submitters shall be allowed five (5) business days to provide documents and/or corrections following such request by the City or the City will retain the right to reject the submission and proceed to the next finalist.

7. Minimum Qualifications

a. Submitters interested in this Request For Qualifications must meet the following minimum qualifications listed in the previous pages of the Request for Qualifications.

b. The proposing firm must be a licensed professional engineering firm and in good standing and be licensed in the State of Nevada or become licensed prior to award.

8. Federal Requirement

a. Proposer must comply with the attached Federal Requirements.

THIS SECTION LEFT INTENTIONALLY BLANK

C. DISCLOSURE OF PRINCIPALS

Please print or type:

Company Name

Street Address

City, State and Zip Code

Telephone Number with area code

Facsimile Number with area code

Federal Tax Identification Number

NAMES OF OFFICERS OR OWNERS OF CONCERN, PARTNERSHIP, ETC.

Name

Street Address

Official Capacity

City, State and Zip Code

D. Certification

I/We hereby certify that the Instructions and Term Conditions have been read and agreed to:

(Print)

(Address)

(Phone)

(Fax)

Representative:_________________________________________________________ (Print)

(Signature)

Vendor acknowledges _____ pages of this bid. Date: ___________________________

THIS SECTION LEFT INTENTIONALLY BLANK

Scope of Work

The City of Reno is seeking a qualified professional engineering consultant to assist the City in the evaluation of the existing sodium hypochlorite (bleach) and sulfuric acid delivery, bulk storage, and dosing systems, and design services for rehabilitating and improving these systems for the Truckee Meadows Water Reclamation Facility (TMWRF) (Washoe County Nevada-APN: 021-020-02) of the Reno/Sparks area in Washoe County, Nevada.

The City assumes that consideration for the design improvements may include replacement of failed existing chemical storage tanks and associated piping, chemical feed dosing pumps, evaluation of secondary containment requirements, and preparation of bid documents and bidding services. It is anticipated that the bulk chemical improvements will be located in the existing chemical storage and dosing facilities.

The consultant is to be comprised of professional engineer(s) registered in Nevada, who possesses comprehensive experience in chemical storage and delivery technologies, chemical dosing design, wastewater treatment technology, municipal wastewater facility design, controls systems, and local, state, and federal regulations.

The consultant will need to work intricately with TMWRF staff and management to understand the best possible design options for improved disinfection chemical systems to maintain proper chemical storage best practices and accurate dosing capabilities.

Once selected, the City will work with the consultant as to the details for the development of the scope by the consultant as to the evaluation of the existing processes and technologies, and design concepts of rehabilitating and improving the existing processes. The final design will be dependent on the consultant’s evaluation, design recommendations, engineer’s opinion of probable costs, and the City’s determination of project feasibility based on these.

The consultant is expected to be qualified to conduct and lead all of the processes for selecting the site, type, and design for the disinfection chemical storage and dosing improvements to a 100% level of design and construction.

Also Provide:

• Overview of firm(s);

• Design experience of the firm or firms for municipal wastewater treatment chemical storage and dosing facilities or related work;

• Qualifications of your firm and team to complete the project;

• Project team: resumes of the proposed project manager and key project team; a project staff organization chart, references for similar work; and

• Key staff availability and estimated time needed to complete the work after the

City issues a notice to proceed.

Revision History:

The Environmental Protection Agency’s General Terms and Conditions are published and become effective October 1st at the start of the federal fiscal year. Any additions, revisions, or changes to the terms and conditions after October 1 will be summarized below.

T&C Number Effective Date Description of Changes 30 June 1, 2026 Revised to reflect reactivation with iEdison

Table of Contents Preface

Financial Information

Selected Items of Cost

Reporting and Additional Post-Award Requirements

Programmatic General Terms and Conditions

Public Policy Requirements

Environmental Protection Agency

General Terms and Conditions Effective October 1, 2025

Preface

1. Introduction

(a) These terms and conditions are in addition to the assurances and certifications made as part of the award, the terms and conditions, and restrictions reflected on the official assistance award document. Recipients must review their official award document for additional administrative and programmatic requirements. Failure to comply with the EPA General Terms and Conditions outlined below and those directly reflected on the official assistance award document may result in enforcement actions as outlined in 2 CFR 200.339 and 2 CFR 200.340.

(b) If the EPA General Terms and Conditions have been revised, EPA will update the terms and conditions when it provides additional funding (incremental or supplemental) prior to the end of the period of performance of this agreement. The recipient must comply with the revised terms and conditions after the effective date of the EPA action that leads to the revision. Revised terms and conditions do not apply to the recipient’s expenditures of EPA funds or activities the recipient carries out prior to the effective date of the EPA action. EPA will inform the recipient of revised terms and conditions in the action adding additional funds.

2. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards This award is subject to the requirements of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards; Title 2 CFR Part 200 and 2 CFR Part 1500. 2 CFR 1500.2, Adoption of 2 CFR Part 200, states the EPA adopts the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (subparts A through F of 2 CFR Part 200), as supplemented by 2 CFR Part 1500, as the EPA policies and procedures for financial assistance administration. 2 CFR Part 1500 satisfies the requirements of 2 CFR 200.110(a) and gives regulatory effect to the OMB guidance as supplemented by 2 CFR Part 1500. This award is also subject to applicable requirements contained in EPA programmatic regulations located in 40 CFR Chapter 1 Subchapter B.

3. Termination

Consistent with 2 CFR 200.340, EPA may terminate this award in part or its entirety:

(a) If a recipient or subrecipient fails to comply with the terms and conditions of the award, including statutory or regulatory requirements;

(b) With the consent of the recipient when both the recipient and the EPA agree upon the termination conditions, which include the effective date and, in the case of partial termination, the portion to be terminated;

(c) If a recipient sends the EPA a written notification of the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated; however, if the EPA determines that the remaining portion of the Federal award will not accomplish the purposes for which the Federal award was made, the EPA may terminate the award in its entirety; or https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.340 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.110#p-200.110(a) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.340

(d) Pursuant to the programmatic terms and conditions specified in the Federal award.

(e) By the EPA or pass-through entity to the extent authorized by law, if an award no longer effectuates the program goals or agency priorities.

Financial Information

4. Reimbursement Limitation EPA’s financial obligations to the recipient are limited by the amount of Federal funding awarded to date as reflected on the award document. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk. See 2 CFR 1500.9.

5. Automated Standard Application Payments (ASAP) and Proper Payment Draw Down Electronic Payments. Recipients must be enrolled or enroll in the Automated Standard Application for Payments (ASAP) system to receive payments under EPA financial assistance agreements unless:

• EPA grants a recipient-specific exception;

• The assistance program has received a waiver from this requirement;

• The recipient is exempt from this requirement under 31 CFR 208.4; or,

• The recipient is a fellowship recipient pursuant to 40 CFR Part 46.

EPA will not make payments to recipients until the ASAP enrollment is completed or if recipients fall under one of the above categories. EPA’s Research Triangle Park Finance Division (RFD) will initiate the ASAP enrollment based on the key contact information on the grant application. The “payee” on the key contacts form will receive an email from ASAP indicating the steps required for completing the enrollment. Recipients may request exceptions using the procedures below.

Under this payment mechanism, the recipient initiates an electronic payment request online via ASAP, which is approved or rejected based on the amount of available funds authorized by EPA in the recipient’s ASAP account. Approved payments are credited to the account at the financial institution of the recipient organization set up by the recipient during the ASAP enrollment process.

Additional information concerning ASAP and enrollment can be obtained by contacting the EPA RFD, at rtpfc-grants@epa.gov, or by visiting: https://www.fiscal.treasury.gov/asap/.

EPA will grant exceptions to the ASAP enrollment requirement only in situations in which the recipient demonstrates to EPA that receiving payment via ASAP places an undue administrative or financial management burden on the recipient or EPA determines that granting the waiver is in the public interest. Recipients may request an exception to the requirement by following the procedures specified in RAIN-2018-G06-R.

Proper Payment Drawdown (for recipients other than States)

(a) As required by 2 CFR 200.305(b), the recipient must draw funds from ASAP only for the minimum amounts needed for actual and immediate cash requirements to pay employees, contractors, subrecipients or to satisfy other obligations for allowable costs under this assistance https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500#1500.9 https://www.ecfr.gov/cgi-bin/text-idx?SID=b0ad1606a19fdcd03ca8776f08ac335a&mc=true&node=pt31.2.208&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=b227e392f67f9a58a228820adac5c502&mc=true&tpl=/ecfrbrowse/Title40/40cfr46_main_02.tpl mailto:rtpfc-grants@epa.gov https://www.fiscal.treasury.gov/asap/ https://www.epa.gov/grants/rain-2018-g06 https://www.epa.gov/grants/rain-2018-g06 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.305#p-200.305(b) agreement. The timing and amounts of the drawdowns must be as close as administratively feasible to actual disbursements of EPA funds. Disbursement within five (5) business days of drawdown will comply with this requirement and the recipient agrees to meet this standard when performing this award.

(b) Recipients may not retain more than 5% of the amount drawn down, or $1,000 whichever is less, five (5) business days after drawdown to materially comply with the standard. Any EPA funds subject to this paragraph that remain undisbursed after 5 business days must be fully disbursed within fifteen (15) business days of draw down or be returned to EPA.

(c) If the recipient draws down EPA funds in excess of that allowed by paragraph b., the recipient must contact rtpfc-grants@epa.gov for instructions on whether to return the funds to EPA. The recipient must comply with the requirements at 2 CFR 200.305(b)(11) regarding depositing advances of Federal funds in interest bearing accounts.

(d) Returning Funds: Pay.gov is the preferred mechanism to return funds. It is free, secure, paperless, expedient, and does not require the recipient//vendor to create an account. Contact EPA RFD at rtpfc-grants@epa.gov to obtain complete instructions. Additional information is available at the Pay.gov website. Information on how to repay EPA via check is available at https://www.epa.gov/financial/makepayment. Instructions on how to return funds to EPA electronically via ASAP are available at https://www.fiscal.treasury.gov/asap/.

(e) Failure on the part of the recipient to materially comply with this condition may, in addition to EPA recovery of the un-disbursed portions of the drawn down funds, lead to changing the payment method from advance payment to a reimbursable basis. EPA may also take other remedies for noncompliance under 2 CFR 200.208 and/or 2 CFR 200.339.

(f) If the recipient believes that there are extraordinary circumstances that prevent it from complying with the five (5) business day disbursement requirement throughout the performance period of this agreement, recipients may request an exception to the requirement by following the procedures specified in RAIN-2018-G06-R. EPA will grant exceptions to the five (5) business day disbursement requirement only if the recipient demonstrates that compliance places an undue administrative or financial management burden or EPA determines that granting the exception is in the public interest. EPA will grant exceptions to the five (5) business day disbursement requirement only if the recipient demonstrates that compliance places an undue administrative or financial management burden or EPA determines that granting the exception is in the public interest.

Proper Payment Drawdown for State Recipients In accordance with 2 CFR 200.305(a), payments are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 CFR Part 205, Subparts A and B and Treasury Financial Manual (TFM) 4A-2000, “Overall Disbursing Rules for All Federal Agencies” unless a program specific regulation (e.g. 40 CFR 35.3160 or 40 CFR 35.3560) provides otherwise. Pursuant to 31 CFR Part 205, Subpart A—Rules Applicable to Federal Assistance Programs Included in a Treasury-State Agreement, States follow their Treasury-State CMIA Agreement for major Federal programs listed in the agreement. For those programs not listed as major in the mailto:rtpfc-grants@epa.gov https://www.ecfr.gov/current/title-2/part-200/section-200.305#p-200.305(b)(11) https://www.pay.gov/public/home mailto:rtpfc-grants@epa.gov https://www.pay.gov/public/home https://www.epa.gov/financial/makepayment https://www.fiscal.treasury.gov/asap/ https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.208 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.epa.gov/grants/rain-2018-g06-r https://www.ecfr.gov/current/title-2/part-200/section-200.305#p-200.305(a) https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205?toc=1 https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205?toc=1 https://tfx.treasury.gov/tfm/volume1/part4a/chapter-2000-overall-disbursing-rules-all-federal-entities https://tfx.treasury.gov/tfm/volume1/part4a/chapter-2000-overall-disbursing-rules-all-federal-entities https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205/subpart-A?toc=1 https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205/subpart-A?toc=1

Treasury-State agreement, the State follows the default procedures in 31 CFR Part 205, Subpart B— Rules Applicable to Federal Assistance Programs Not Included in a Treasury-State Agreement, which directs State recipients to draw-down and disburse Federal financial assistance funds in anticipation of immediate cash needs of the State for work under the award. States must comply with 2 CFR 200.302(a) in reconciling costs incurred and charged to EPA financial assistance agreements at time of close out unless a program specific regulation provides otherwise.

Selected Items of Cost

6. Prohibition on Certain Telecommunications and Video Surveillance Service Equipment or Services Prohibition on covered telecommunications and video surveillance services or equipment is effective on all obligations and expenditures of EPA financial assistance funding as of August 13, 2020, including awards made before that date.

As required by 2 CFR 200.216, EPA recipients and subrecipients, including borrowers under EPA-funded revolving loan fund programs, are prohibited from obligating or expending Federal loan or grant funds to procure or obtain covered telecommunications equipment or services; extend or renew a contract to procure or obtain covered telecommunications equipment or services; or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:

1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation

(or any subsidiary or affiliate of such entities);

2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

3. Telecommunications or video surveillance services provided by such entities or using such equipment;

4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Pursuant to 2 CFR 200.216(c), “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the following circumstances:

https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205/subpart-B?toc=1 https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205/subpart-B?toc=1 https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-205/subpart-B?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302#p-200.302(a) https://www.ecfr.gov/current/title-2/part-200/section-200.302#p-200.302(a) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 https://www.govinfo.gov/link/plaw/115/public/232?link-type=html https://www.ecfr.gov/current/title-2/part-200/section-200.216#p-200.216(c) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.471 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.471

(a) Obligating or expending EPA funds for covered telecommunications and video surveillance services or equipment or services as described in 2 CFR 200.216 to:

(1) Procure or obtain, extend or renew a contract to procure or obtain;

(2) Enter into a contract (or extend or renew a contract) to procure; or

(3) Obtain the equipment, services, or systems.

Certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889 of Public Law 115-232, are recorded in the System for Award Management exclusion list.

7. Consultant Cap EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices).

Information on how to calculate the maximum daily rate and the daily pay limitation is available at the Office Of Personnel Management’s Fact Sheet: How to Compute Rates of Pay and Fact Sheet:

Expert and Consultant Pay. Specifically, to determine the maximum daily rate, follow these steps:

(1) Divide the Level IV salary by 2087 to determine the hourly rate. Rates must be rounded to the nearest cent, counting one-half cent and over as the next higher cent (e.g., round $18.845 to $18.85).

(2) Multiply the hourly rate by eight (8) hours. The product is the maximum daily rate.

Contracts and subcontracts with firms for services that are awarded using the procurement requirements in Subpart D of 2 CFR Part 200 are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.10.

8. Establishing and Managing Subawards If the recipient chooses to pass funds from this assistance agreement to other entities, the recipient must comply with applicable subaward provisions of 2 CFR Part 200 and the EPA Subaward Policy.

As a pass-through entity, the recipient agrees to:

1. Select subrecipients and conduct subaward competitions, as appropriate, using a system that properly differentiates between subrecipients and procurement contractors consistent with the differentiating characteristics explained in 2 CFR https://www.ecfr.gov/current/title-2/section-200.216 https://www.congress.gov/115/plaws/publ232/PLAW-115publ232.pdf https://sam.gov/content/home https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.opm.gov%2Fpolicy-data-oversight%2Fpay-leave%2Fpay-administration%2Ffact-sheets%2Fhow-to-compute-rates-of-pay%2F&data=04%7C01%7CDurand.Jessica%40epa.gov%7Cf8774e09d8cf4db7762908d92a7cdac9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637587537990922637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=pDlsG5GkNbhnVX2ZlufWo8LYCnpAi5QV84Ntpr4vX5c%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.opm.gov%2Fpolicy-data-oversight%2Fpay-leave%2Fpay-administration%2Ffact-sheets%2Fexpert-and-consultant-pay%2F&data=04%7C01%7CDurand.Jessica%40epa.gov%7Cf8774e09d8cf4db7762908d92a7cdac9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637587537990922637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=v7PB7zWO64vCbPlh%2BIZijtwKF53kHAB7HS0m8un2xho%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.opm.gov%2Fpolicy-data-oversight%2Fpay-leave%2Fpay-administration%2Ffact-sheets%2Fexpert-and-consultant-pay%2F&data=04%7C01%7CDurand.Jessica%40epa.gov%7Cf8774e09d8cf4db7762908d92a7cdac9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637587537990922637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=v7PB7zWO64vCbPlh%2BIZijtwKF53kHAB7HS0m8un2xho%3D&reserved=0 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500/subpart-D/subject-group-ECFR91e19bb476f6a08/section-1500.10 https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients

200.331 and EPA’s supplemental guidance in Appendix A of the EPA Subaward Policy.

2. Verify that the potential subrecipient is not excluded or disqualified in accordance with the verification methods provided in 2 CFR 180.300, such as confirming in SAM.gov that a potential subrecipient is not suspended, debarred, or otherwise excluded from receiving Federal funds.

3. Establish and follow a system that ensures all subaward agreements are in writing and contain all of the elements required by 2 CFR 200.332(b). EPA has developed a template for subaward agreements that is available in Appendix D of the EPA Subaward Policy.

4. Prior to making subawards, ensure that each subrecipient has a “Unique Entity Identifier” (UEI). The UEI is required by 2 CFR Part 25 and 2 CFR 200.332(b).

Subrecipients are not required to complete full System for Award Management (SAM.gov) registration to obtain a UEI. Information regarding obtaining a UEI is available at the System for Award Management (SAM.gov) Internet site:

http://www.sam.gov/SAM/and in the General Condition of the pass-through entity’s agreement with EPA entitled “System for Award Management and Universal Identifier Requirements” T&C of the pass-through entity’s agreement with the EPA.

5. Ensure that subrecipients are aware of the requirements that apply to the subaward, including those that flow down from the recipient, as required by 2 CFR 200.332(b) and monitor the activities of the subrecipient to ensure compliance with these requirements per 2 CFR 200.332(e). These requirements include, among others:

a. Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable, including provisions protecting free speech, religious liberty, public welfare, and the environment per 2 CFR 200.300(a), as well as regulations, including 2 CFR 200.300(b) prohibiting discrimination based on sex.

b. Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in the General Condition pass-through entity’s agreement with EPA entitled “Reporting Subawards and Executive Compensation.”

c. Limitations on individual consultant fees as set forth in 2 CFR 1500.10 and the General Condition of the pass-through entity’s agreement with EPA entitled “Consultant Fee Cap.”

d. EPA’s prohibition on paying management fees as set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Management Fees.”

e. The Procurement Standards in 2 CFR Part 200 including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants) and Domestic preferences for procurements at 2 CFR 200.322.

f. Other statutes, regulations and Executive Orders that may apply to subawards https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-C/section-180.300 https://www.ecfr.gov/current/title-2/part-200/section-200.332#p-200.332(b) https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25 https://www.ecfr.gov/current/title-2/part-200/section-200.332#p-200.332(b) http://www.sam.gov/SAM/ http://www.sam.gov/SAM/ http://www.sam.gov/SAM/ https://www.ecfr.gov/current/title-2/part-200/section-200.332#p-200.332(b) https://www.ecfr.gov/current/title-2/part-200/section-200.332#p-200.332(e) https://www.ecfr.gov/current/title-2/part-200/section-200.300#p-200.300(a) https://www.ecfr.gov/current/title-2/part-200/section-200.300#p-200.300(b) https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500/subpart-D/subject-group-ECFR91e19bb476f6a08/section-1500.10 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.322 are described at Information on Requirements that Pass-Through Entities must “Flow Down” to Subrecipients. Many Federal requirements are agreement- or program-specific, and EPA encourages pass-through entities to review the terms of their assistance agreement carefully and consult with their EPA Project Officer for advice if necessary.

6. Establish and follow a system for evaluating subrecipient fraud risk and risk of noncompliance with a subaward to determine the appropriate monitoring described at 2 CFR 200.332(c) and consider whether, based on the evaluation of risk, additional monitoring tools may be useful as described in 2 CFR 200.332(f). When evaluating a subrecipient’s risk, a pass-through entity should consider:

a. The subrecipient’s prior experience with same or similar subawards;

b. Results of previous audits, including considering whether the subrecipient receives a

Single Audit, in accordance with 2 CFR Part 200, Subpart F and the extent to which the same or similar subawards have been audited as a major program;

c. Whether the subrecipient has new personnel or new or substantially change systems, and

d. The extent and results of any Federal agency monitoring (for example, if the subrecipient also receives Federal awards directly from the Federal agency).

7. Establish and follow a process for deciding whether to implement specific conditions in subawards based on risk factors, as described in 2 CFR 200.208, and notify EPA of the specific conditions as required by 2 CFR 200.332(d).

Examples of specific conditions, per 2 CFR 200.208, may include:

a. Requiring payments as reimbursements rather than advance payments;

b. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance;

c. Requiring additional or more detailed financial reports;

d. Requiring additional or project monitoring;

e. Requiring the recipient or subrecipient to obtain technical or management assistance; or

f. Establishing additional prior approvals.

8. Establish and follow a system for monitoring subrecipient performance that includes the elements required at 2 CFR…