Professional Grant Administration and Project Management for USDA Forest Service Community Wildfire Defense Grant (CWDG) Projects (U.S. Department of Agricultur...

JEFFERSON COUNTY PURCHASING DEPARTMENT Deborah L. Clark, Purchasing Agent 1149 Pearl Street OFFICE MAIN: (409) 835-8593 1st Floor, Beaumont, TX 77701 FAX: (409) 835-8456 September 5, 2023 Request for Statements of Qualifications (RFQ 23-059/JW) Professional Grant Administration and Project Management for USDA Forest Service Community Wildfire Defense Grant (CWDG) (U.S. Department of Agriculture Grant No. USDA-FS-2023-CWDG-SGSF) Jefferson County, Texas plans to apply for USDA Forest Service Community Wildfire Defense Grant (CWDG) Project(s); and is soliciting Statements of Qualifications from qualified individuals/firms to provide professional administration, and project management services in accordance with Request for Statements of Qualifications (RFQ 23-059/JW) Professional Grant Administration and Project Management for USDA Forest Service Community Wildfire Defense Grant (CWDG) (U.S. Department of Agriculture Grant No. USDA-FS-2023-CWDG-SGSF). All interested individuals/firms

should obtain a “Request for Qualifications” specifications packet from the Jefferson County Purchasing webpage at: https://www.co.jefferson.tx.us/Purchasing/ All Responses shall be evaluated by an Evaluation Committee. This committee will evaluate responses to this request and select the firm that is most qualified, responsive, and experienced. Responses are to be sealed and addressed to the Purchasing Agent with the request for qualifications number and name marked on the outside of the envelope or box. All Responses shall be submitted with an original and (5) copies, to the Jefferson County Purchasing Department, 1149 Pearl Street, 1st Floor, Beaumont, Texas 77701, no later than 11:00 am CT, September 21, 2023. Jefferson County does not accept Responses submitted electronically. Responses will be publicly opened and the names of responding firms will be read aloud in the Jefferson County Engineering Department Conference Room (5th Floor, Historic Courthouse) 1149 Pearl Street, Beaumont, Texas 77701 at the time and date below. Statements of Qualifications received after that time will be considered late and will be returned unopened. Inquiries shall be directed to Jamey West, Contract Specialist at 409-835-8593 or Jamey.West@jeffcotx.us REQUEST NAME: Professional Grant Administration and Project Management for USDA Forest Service Community Wildfire Defense Grant (CWDG) Projects (U.S. Department of Agriculture Grant No. USDA-FS-2023-CWDG-SGSF) REQUEST NUMBER: (RFQ 23-059/JW) DUE DATE/TIME: 11:00 am CT, Thursday, September 21, 2023 MAIL OR DELIVER TO: Jefferson County Purchasing Department 1149 Pearl Street, 1st Floor Beaumont, TX 77701 Jefferson County encourages Disadvantaged Business Enterprises (DBEs), Minority/Women Business Enterprises (M/WBEs), and Historically Underutilized Businesses (HUBs) to participate in the bidding process. Jefferson County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment, or the provisions of services. Individuals requiring special accommodations are requested to contact our office at least seven (7) days prior to the bid due date (at 409-835-8593) to make appropriate arrangements. All interested firms are invited to submit a response in accordance with the terms and conditions stated in this request. Respondents are strongly encouraged to carefully read the entire invitation, as failure to return and/or complete all required documentation will result in a response being declared as non-responsive. Sincerely, Deborah L. Clark, Purchasing Agent Jefferson County, Texas PUBLISH: Beaumont Enterprise: SEPTEMBER 6 & 13, 2023 Port Arthur News: SEPTEMBER 9 & 13, 2023 The Examiner: SEPTEMBER 7, 2023 https://www.co.jefferson.tx.us/Purchasing/ mailto:Jamey.West@jeffcotx.us (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 1 OF 51 TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................................................................................................................. 1 SECTION 1: INTRODUCTION .................................................................................................................................................................................................... 2 1.1 PURPOSE........................................................................................................................................................................................................................... 2 1.2 SCOPE OF WORK ............................................................................................................................................................................................................... 3 1.3 STATEMENTS OF QUALIFICATION ..................................................................................................................................................................................... 3 1.4 PROPOSED COST OF SERVICES .......................................................................................................................................................................................... 3 1.5 EVALUATION CRITERIA ..................................................................................................................................................................................................... 4 1.6 SUBMISSION REQUIREMENTS .......................................................................................................................................................................................... 4 1.7 DEADLINE FOR SUBMISSIONS ........................................................................................................................................................................................... 6 1.8 PROCEDURE ...................................................................................................................................................................................................................... 6 1.9 SELECTION REVIEW COMMITTEE ...................................................................................................................................................................................... 6 1.10 EVALUATION PROCESS ................................................................................................................................................................................................... 6 1.11 FIRM’S SERVICES ............................................................................................................................................................................................................. 7 1.12 LAWS AND REGULATIONS ............................................................................................................................................................................................... 7 SECTION 2: SCOPE OF WORK .................................................................................................................................................................................................. 8 EVALUATION RATING SHEET ................................................................................................................................................................................................ 12 SECTION 3: FEMA CONTRACT PROVISIONS .......................................................................................................................................................................... 13 BYRD ANTI-LOBBYING CERTIFICATION FORM ................................................................................................................................................................................... 22 DEBARMENT/SUSPENSION CERTIFICATION ...................................................................................................................................................................................... 23 CIVIL RIGHTS COMPLIANCE PROVISIONS .......................................................................................................................................................................................... 24 SECTION 4: RFQ RESPONSE INSTRUCTIONS AND SPECIAL REQUIREMENTS ........................................................................................................................ 26 4.1 SUBMISSION OF QUALIFICATIONS .................................................................................................................................................................................. 26 4.2 DEADLINE FOR RESONSE SUBMISSIONS/DELIVERY ......................................................................................................................................................... 26 4.3 COURTHOUSE SECURITY ................................................................................................................................................................................................. 26 4.4 COUNTY HOLIDAYS (2023) .............................................................................................................................................................................................. 27 4.5 SUBMISSIONS DURING TIME OF INCLEMENT WEATHER, DISASTER, OR EMERGENCY .................................................................................................... 27 4.6 PRE-PROPOSAL CONFERENCE ........................................................................................................................................................................................ 27 4.7 QUESTIONS/DEADLINE FOR QUESTIONS ........................................................................................................................................................................ 27 4.8 VENDOR REGISTRATION: SAM (SYSTEM FOR AWARD MANAGEMENT) .......................................................................................................................... 27 4.9 FORM 1295 SUBMISSION REQUIREMENT (TEXAS ETHICS COMMISSION) ...................................................................................................................... 28 SAMPLE FORM 1295 .............................................................................................................................................................................................................. 29 INSERTION PAGE: COMPLETED FORM 1295 ......................................................................................................................................................................... 30 INSERTION PAGE: SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION PROOF ................................................................................................. ....31 INSERTION PAGE: CERTIFICATE OF INSURANCE (PROFESSIONAL LIABILITY COVERAGE) PROFF ......................................................................................... 32 4.10 MINIMUM REQUIMENTS: FIRM INFORMATION .......................................................................................................................................................... 33 SECTION 5: RFQ EVALUATION CRITERIA AND PROCESS ....................................................................................................................................................... 35 5.1 SELECTION REVIEW COMMITTEE/EVALUATION RESULTS ............................................................................................................................................... 35 5.2 ADDITIONAL INFORMATION FOR INClUSION IN RESPONSE ............................................................................................................................................ 35 5.3 CONFIDENTIAL/PROPRIETARY INFORMATION ................................................................................................................................................................ 36 5.4 ADDITIONAL TERMS AND CONDITIONS .......................................................................................................................................................................... 36 5.5 CONTACT ........................................................................................................................................................................................................................ 36 RESPONDENT INFORMATION FORM ..................................................................................................................................................................................... 37 VENDOR REFERENCE FORM .................................................................................................................................................................................................. 38 SIGNATURE PAGE .................................................................................................................................................................................................................. 39 CERTIFICATION REGARDING LOBBYING ................................................................................................................................................................................. 40 DISCLOSURE OF LOBBYING ACTIVITIES .................................................................................................................................................................................. 42 CONFLICT OF INTEREST QUESTIONNAIRE .............................................................................................................................................................................. 43 LOCAL GOVERNMENT OFFICER – CONFLICT OF INTEREST DISCLOSURE STATEMENT (OFFICE USE ONLY) ............................................................................ 45 RESIDENCE CERTIFICATION/TAX FORM ................................................................................................................................................................................. 47 HOUSE BILL 89 VERIFICATION................................................................................................................................................................................................ 48 SENATE BILL 252 CERTIFICATION ........................................................................................................................................................................................... 48 NON-DISCLOSURE AGREEMENT ............................................................................................................................................................................................ 49 INSERTION PAGE: ADDENDA ................................................................................................................................................................................................ 50 RESPONDENT’S CERTIFICATION ............................................................................................................................................................................................ 51 (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 2 OF 51 SECTION 1: INTRODUCTION AND SCOPE OF WORK: REQUEST FOR STATEMENTS OF QUALIFICATION 1.1 PURPOSE. Jefferson County is seeking well-qualified management/activity delivery service provider(s) to assist the County in preparing an application(s) for and in the overall management and implementation of the proposed Community Wildfire Defense Grant (CWDG) project, if funded, by the National Forest Service (NFS) through the U.S. Department of Agriculture (USDA Grant No. USDA-FS-2023-CWDG-SGSF). The Biden-Harris Administration allocated up to $200 million in funds to reduce wildfire risk to communities across the state of Texas. Grant Application Deadline for the potential CWDG funding is October 31, 2023. The program provides funding to community for two primary purposes: ▪ Community Wildfire Defense Grant Project(s) (CWDG) . ▪ Implement Projects described in the Community Wildfire Protection Plan and/or Hazard Mitigation Plan that is less than 10 years old. The CWDG will fund the Community Wildfire Defense Projects (up to $10 million) to mitigate wildfire risks as the nation faces an ongoing wildfire crisis. 1.2 SCOPE OF WORK. MANAGEMENT SERVICES A sample detailed Scope of Work (“SOW”) for CWDG management services is enclosed in this packet (PAGES 8-11). The management service provider to be hired will provide application and contract-related management services, including but not limited to the following areas: ▪ PRE-FUNDING SERVICES Provider will assist in developing project scope(s) and complete CWDG application. The provider will work with the local government and Engineer, if applicable, to provide the concise information needed for submission of a CWDG application and related documents. The required information shall be submitted in a format to be described by the National Forest Service. ▪ POST-FUNDING SERVICES Provider will manage and provide activity delivery of eligible projects as outlined by the CWDG application/guidance and funded by the National Forest Service. The selected service provider must follow all requirements of the CWDG program as administered by the NFS. ▪ GENERAL MANAGEMENT SERVICES: - Administrative Duties - Labor Management including Labor Standards (Davis-Bacon Wage Rate activities) - Acquisition Duties (as necessary) - Environmental Services Please specify a complete list of actual tasks to be performed under each of these categories in your response, including, if necessary, a brief description of each task. *Pre-funding services are ineligible for CWDG reimbursement. (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 3 OF 51 1.3 STATEMENT OF QUALIFICATIONS. The County is seeking qualified professional management service providers experienced in grant application preparation, and management /activity delivery. RFQ Respondents, please provide the following as it relates to your qualifications: - A brief history of the service provider, including general background, knowledge of and experience working with relevant agencies and programs; - Related experience in applying for and managing federally-funded local projects, in particular recent experience; - A description of work performance and experience with CWDG, Disaster Recovery Grants, FEMA Hazard Mitigation or similar projects including a list of at least three references from past local government clients, with information describing the relevancy of the previous performance; - Description of which specific parts of the Scope of Work the service provider proposes to perform; - Description of the capacity to perform the chosen Scope of Work activities as well as resumes of all employees who may be assigned to provide services if your firm is selected, identifying current employees and proposed hires; and - A statement substantiating the resources of the service provider and the ability to carry out the scope of work requested within the proposed timeline. 1.4 PROPOSED COST OF SERVICES. Provide your cost proposal to accomplish the scope of work by activity or to complete a specific service outlined above and for any additional services required using the Cost of Services page(s) included in this packet: Required RFQ Forms. The specific projects and grant amounts are yet to be determined; therefore, vendors should propose pricing based on the potential funding amounts provided. The County will consider dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises. As such, proposers may specify any maximum limit to the total dollar value of grant funds they are able and willing to manage. Service providers may submit proposals for any or all activities. Preference will be given to firm fixed pricing. The proposal must include all costs that are necessary to successfully complete these activities. Note that the lowest/best price proposal will not be used as the sole basis for entering into this contract; rather, award will be made to the service provider(s) providing the best value, cost and other factors considered. The local government reserves the right to negotiated pricing. Upon the award of this contract, profit (either %/actual cost) must be identified and negotiated as a separate element of the price for any contract in excess of $50,000.00. 1.5 EVALUATION CRITERIA. The proposal received will be evaluated and ranked according to the following criteria and using the rating sheet enclosed: Criteria Maximum Points Experience of the Firm 30 Prior Work Performance 25 Capacity to Perform 30 Historically Underutilized Business HUB) 10 Proposed Cost 5 Total 100 (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 4 OF 51 1.6 SUBMISSION REQUIREMENTS. - A copy of your current certificate of insurance for professional liability. - Statement of Conflicts of Interest (if any) the service provider or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that City/County/District may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable. - System for Award Management. Service provider must have a current registration in the System for Award Management (https://www.sam.gov/SAM/). Service provider and its Principals, may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Include verification that the service provider as well as its principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the search results that includes the record date. This clearance information must be included in the service provider’s Proposal. - Form CIQ, (enclosed). Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local government entity disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local government entity. Questionnaire form CIQ is included in the RFQ and must be submitted with the response. Certification Regarding Lobbying (enclosed). Certification for Contracts, Grants, Loans, and Cooperative Agreements is included in the RFQ and must be submitted with the response. - Form 1295, (enclosed). Effective January 1,2018, all contracts and contract amendments, extensions, or renewals executed by the Commissioners Court will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code § 2252.908. Form 1295 must be completed by the awarded vendor at time of signed contract submission. Form 1295 is included in this RFQ for your information. Form 1295 requires the inclusion of an “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing the form. - Required Contract Provisions. Applicable provisions (enclosed) must be included in all contracts executed as a result of this RFQ. - Contracting with minority businesses, women's business enterprises, and labor surplus area firms. Small and minority businesses, women's business enterprises, and labor surplus area firms must participate in this RFQ. If the awarded vendor is a prime contractor and may use subcontractors, the following affirmative steps are required of the prime contractor: 1) Placing qualified minority businesses and women's business enterprises on solicitation lists; 2) Assuring that minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by minority businesses, and women's business enterprises; https://www.sam.gov/SAM/ (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 5 OF 51 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (SBA) and the Minority Business Development Agency (MBDA) of the Department of Commerce. 6) Please choose the MBDA Center that is in closest proximity to your community. Email your Request for Qualifications (RFQ) to the appropriate center. Minority-owned businesses may be eligible for contract procurement assistance with public and private sector entities from MBDA centers: Dallas MBDA Business Center Houston MBDA Business Center 8828 N. Stemmons Freeway, Ste. 550B 3100 Main Street, Ste. 701 Dallas, TX 75247 Houston, TX 77002 214-920-2436 713-718-8974 Website: https://www.mbdadfw.com Website: https://www.mbda.gov/business- center/houston-mbda-business-center Email: admin1@mbdadallas.com Email: MBDA@hccs.edu El Paso MBDA Business Center San Antonio MBDA Business Center 2401 East Missouri Avenue 501 W. Cesar E. Chavez Blvd., Ste. 3.324B El Paso, TX 79903 San Antonio, TX 78207 915-351-6232 210-458-2480 Website: https://www.mbda.gov/business- center/el-paso-mbda-business-center Website: https://www.mbda.gov/business- center/san-antonio-mbda-business-center Email: treed@ephcc.org Email: orestes.hubbard@utsa.edu Woman-owned businesses may be eligible for assistance from SBA Women’s Business Centers: Dallas Fort Worth WBC WBEA – Women’s Business Center 7800 N. Stemmons Fwy., Ste. 120 9800 Northwest Freeway, Ste. 120 Dallas, TX 75247 Houston, TX 77092 214-572-9452 713-681-9232 Website: https://womensbusinesscenterdfw.com/ Website: https://www.wbea-texas.org/womens- business-center Email: wbcdfw@liftfund.com Email: wbc@wbea-texas.org LiftFund Women’s Business Center 600 Soledad St. San Antonio, TX 78205 888-215-2373 ext. 3000 Website: https://womensbusinesscentersa.com/ Email: wbc@liftfund.com https://www.mbdadfw.com/ https://www.mbda.gov/business-center/houston-mbda-business-center https://www.mbda.gov/business-center/houston-mbda-business-center mailto:admin1@mbdadallas.com mailto:MBDA@hccs.edu https://www.mbda.gov/business-center/el-paso-mbda-business-center https://www.mbda.gov/business-center/el-paso-mbda-business-center https://www.mbda.gov/business-center/san-antonio-mbda-business-center https://www.mbda.gov/business-center/san-antonio-mbda-business-center mailto:treed@ephcc.org mailto:orestes.hubbard@utsa.edu https://womensbusinesscenterdfw.com/ https://www.wbea-texas.org/womens-business-center https://www.wbea-texas.org/womens-business-center mailto:wbcdfw@liftfund.com mailto:wbc@wbea-texas.org https://womensbusinesscentersa.com/ mailto:wbc@liftfund.com (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 6 OF 51 1.7 DEADLINE FOR SUBMISSION: RFQ Responses must be received no later than 11:00 AM CT, THURSDAY, SEPTEMBER 21, 2023. It is the responsibility of the submitting entity to ensure that the proposal is received in a timely manner. Proposals received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting firm. QUESTIONS: Any questions or requests for clarification must be submitted in writing via EMAIL to Jamey West, Contract Specialist at: Jamey.West@jeffco.tx.us by 12:00 PM (NOON) CT, FRIDAY, SEPTEMBER 15, 2023. Jefferson County may, if appropriate, circulate the question and answer to all service provider's submitted proposals. 1.8 PROCEDURE. Firms are encouraged to submit statements of qualifications and experience. The Purchasing Agent will appoint a Selection Review Committee to evaluate qualified Responses. Responses will be ranked on the basis of demonstrated experience, competence, and qualifications. Fees, price, work hours, or any other cost information will not be considered in the development of the short list. Jefferson County will then enter into negotiations with the highest qualified firm. The negotiations will first establish the scope, terms and conditions, and time limits for the proposed contract. Once agreement is reached between Jefferson County and the selected firm, the County will request a fee proposal from the firm. If agreement is reached, the County will retain the firm and enter into a written contract with it. If an agreement cannot be negotiated with the selected firm, the County will then enter into negotiations with the next most qualified firm. This procedure will continue until agreement is reached and a contract is produced. If the County cannot negotiate an agreement, the procedure will be terminated. 1.9 SELECTION REVIEW COMMITTEE. Because of the diversity of the departments and activities of the County, the Jefferson County Commissioners’ Court will appoint the Selection Review Committee for this Request for Qualifications. The Purchasing Agent may appoint a Chairperson and no less than two (2) other members for the committee. Typically, the committee will consist of at least one professional in the task required, a person knowledgeable about procurement practices, and either a representative of the department requesting the project, or the department executing the project. However, this structure is not binding and subject to change at the discretion of the Purchasing Agent. Other members may be appointed to the Evaluation Committee as necessary and appropriate, but the total number of persons committee shall not exceed five (5) persons. Committee appointments shall be in writing and shall briefly describe the scope of the project and, if necessary, the primary disciplines required to accomplish the project in order to assist the committee in developing a list of firms that might best accomplish the work required. Committee membership and project requirements will vary from project to project. Therefore, a firm rated number one for one project could be considered not qualified or ranked lower on another project. 1.10 EVALUATION PROCESS. While Jefferson County appreciates a brief, straight-forward, and concise reply; Respondent must fully understand that the evaluation is based on the information provided. Accuracy and completeness are essential. Omissions, ambiguous, and equivocal statements may be construed against the respondent. The RFQ response may be incorporated into any contract which results from this RFQ, and vendor(s) are cautioned not to make claims or statements it is not prepared to commit to contractually. Failure of the vendor to meet such claims will result in a requirement that the vendor provide resources necessary to meet submitted claims. The Jefferson County Purchasing Department may initiate discussions with selected vendors; however, discussions may not be initiated by vendors. mailto:Jamey.West@jeffco.tx.us (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 7 OF 51 The Jefferson County Purchasing Department expects to conduct discussions with vendor’s representatives authorized to contractually obligate the vendor with an offer. Vendors shall not contact any Jefferson County personnel during the RFQ process without the express permission from the Jefferson County Purchasing Agent. The Purchasing Agent will disqualify any vendor who has made site visits, contacted Jefferson County personnel, or distributed any literature without authorization from the Jefferson County Purchasing Department. All correspondence relating to this RFQ, from advertisement to award shall be sent to the Jefferson County Purchasing Department. All presentations and/or meetings between Jefferson County and the vendor relating to this RFQ shall be coordinated by the Jefferson County Purchasing Department. Selected vendors may be expected to make a presentation/product demonstration to an Evaluation Committee. Proposals, vendor presentations, and product/service evaluations may develop into negotiating sessions with the vendor(s) as selected by the Evaluation Committee. Jefferson County expects to conduct negotiations with vendor representatives authorized to contractually obligate the vendor with an offer. If vendor is unable to agree to contract terms and conditions, Jefferson County reserves the right to terminate contract negotiations with that vendor and initiate negotiations with another vendor. In addition to a presentation, visits by the Evaluation Committee to representative vendor client sites may be conducted where the proposed solution can be demonstrated in a production environment. 1.11 FIRM’s SERVICES. A. A description of services that may be utilized under this RFQ includes: 1. The qualified individual/firm selected for this project is to provide all the necessary labor, research, and data required for the satisfactory preparation and submission of a grant application for the funding of Community Wildfire Defense Grant project(s). If the County is awarded grant funding the awarded individual/firm will also provide grant administration and management services for this project. 1.6 LAWS AND REGULATIONS. A. The Grant Administrator contracted for this project must comply with all laws, ordinances, and rules and regulations which govern the work specified in this contract. (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 8 OF 51 SECTION 2: SCOPE OF WORK (SOW) – MANAGEMENT SERVICES The Contractor shall provide the following scope of services: SCOPE OF SERVICES REQUESTED Providers will help the NFS fulfill State and Federal statutory responsibilities related to Wildfire Mitigation. Providers will assist the NFS and grant recipients in completion of approved mitigation project(s) through the CWDG program. Respondents may be qualified to provide Grant Management services for one or more programs or services (environmental, acquisition/buyout, general management, etc.) Grant management services must be performed in compliance with the National Forest Service through the U.S. Department of Agriculture (USDA) and guidelines issued by the NFS. DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS Respondent must be able to perform the tasks listed herein to be considered eligible for an award under this Solicitation. Respondents should provide a detailed narrative of their experience as it relates to each of the items below. Respondents should clearly indicate if they intend to provide services in-house with existing staff or through subcontracting or partnership arrangements. Grant Management Services will be provided in conformance with the guidance documents and use forms provided by the subrecipient utilizing NFS guidance. The providers shall furnish pre-funding and post-funding grant administrative services to complete the CWDG project(s), including, but not limited to the following: Pre-Funding Services Provider will assist in developing project scope(s) and complete CWDG application. The provider will work with the local government and Engineer, if applicable, to provide the concise information needed for submission of a CWDG application and related documents. The required information shall be submitted in a format to be described by the National Forest Service. Post-Funding Services Grant Administrator will provide Grant Management Services required to complete CWDG project, with funding. The selected service provider must follow all requirements of the as established by the National Forest Service. Grant Management Services a) General Management Duties: i. Ensure program compliance including all CWDG requirements and all parts therein, current Federal Register, etc. ii. Assist subrecipient in establishing and maintaining financial processes. iii. Obtain and maintain copies of the subrecipient’s most current contract including all related change requests, revisions and attachments. iv. Establish and maintain record keeping systems. v. Assist subrecipient with resolving monitoring and audit findings. vi. Serve as monitoring liaison. vii. Assist subrecipient with resolving third party claims. viii. Report suspected fraud to the NFS. ix. Submit timely responses to the NFS requests for additional information. x. Complete draw request forms and supporting documents. xi. Facilitate outreach efforts, application intake, and eligibility review. xii. Utilize and assist with NFS’s system of record to complete milestones, submit documentation, reports, draws, change requests, etc. xiii. Submit change requests and all required documentation related to any change requests. xiv. Coordinate, as necessary, between subrecipient and any other appropriate service providers (i.e. Engineer, Environmental, etc.), contractor, subcontractor and NFS to effectuate the services requested. xv. May assist in public hearings. (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 9 OF 51 xvi. Will work with NFS’s system of record. xvii. Provide monthly project status updates. xviii. Funding release will be based on deliverables identified in the contract. xix. Labor and procurement duties: a. Provide all Labor Standards Officer (LSO) Services. b. Ensure compliance with all relevant labor standards regulations. c. Ensure compliance with procurement regulations and policies. d. Maintain document files to support compliance. xx. Financial duties: a. Prepare and submit all required reports b. Assist subrecipient with the procurement of audit services. c. Assist subrecipient in establishing and maintaining a bank account for program funds. d. Program compliance. e. Ensure that fraud prevention and abuse practices are in place and being implemented. f. Prepare and submit all closeout documents. g. Submit all invoices no later than 60 days after the expiration of the contract. h. Assist in preparation of contract revisions and supporting documents including but not limited to: ● Amendments/modifications, ● Change orders. xxi. Perform any other administrative duty required to deliver the project. b) Labor Management i. The provider will assist the subrecipient in submitting/setting up project applications in the NFS’s system of record. ii. The provider may compile and collate complete contract/bid packages that meet NFS program requirements. The packages will contain supporting documentation that meets or exceeds the requirements of the NFS’s program. If applications do not have the necessary forms, the provider may assist the subrecipient by coordinating to acquire the necessary documentation. iii. The provider may monitor, report, and evaluate contractor's performance; notify the subrecipient if the contractor(s) fails to meet established scheduled milestones. Receive, review, recommend, and process any change orders as appropriate to the individual projects. iv. The provider may assist the subrecipient with project Activity Draws/Close Out. v. The provider may assist the subrecipient by submitting all the necessary documentation for draws and to close a project activity in the NFS’s system of record. The provider will compile, review for completeness, and collate complete contract/closeout packages that meet NFS program requirements for draw requests. If applications do not have the necessary forms, the provider may assist the subrecipient by coordinating to acquire the necessary documentation. vi. The provider may assist the subrecipient in developing Architectural and Engineering plans with guidance from the NFS. vii. Reassignment scope alignment (if necessary). c) Acquisition Duties: i. Submit acquisition reports and related documents. ii. Establish acquisition files (if necessary). iii. Complete acquisition activities (if necessary). d) Buyout Duties (as necessary): i. Project planning, design, and startup ● Assist subrecipient with procuring necessary vendors including appraiser, title vendor, and demolition contractor. ● Develop sub-recipient's Policy and Procedure Manual ("Program Guidelines") and manage subsequent public comment processes. (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 10 OF 51 ii. Property owner notifications ● Generate and send required mailings to owners and tenants of each parcel targeted for buyout/acquisition. ● Handle subsequent communication with owners and tenants while developing a contact log for future outreach. iii. Intake meetings ● Advertise, schedule, and conduct intake with interested homeowners. During intake meetings case managers will collect all available documentation necessary to determine eligibility. ● If there are tenants living in the property, case manager will send them General Information Notices to inform them of the program and their rights. iv. Eligibility verification ● Management staff will review all intake documentation and verify eligibility. ● If applicable, firm will verify duplicative benefits (DOB) and calculate eligible receipts. ● Maintain applicant data in a secure system of record and comply with all record- keeping requirements of the General Land Office. v. Environmental reviews and site-specific clearances ● Conduct all required environmental reviews (Tier I and Tier II) and generate environmental clearance reports for each applicant file. vi. Offer package generation, approval, and mailing ● Notify subrecipient that offer packages are ready, and use independently procured appraisals to determine the fair market value of buyout properties. ● Generate and mail offer packages upon the subrecipient approval. vii. Offer meeting ● Schedule and conduct offer meetings with property owners to discuss their options; accept, appeal or decline. ● If the owner decides to appeal, the case manager will provide advisory services to guide owner through appeal process. ● If the owner accepts, a contract of sale will be signed at the offer meeting. viii. Closing ● Coordinate with property owner and subrecipient's procured title company to ensure the clear passage of title. ● Assist property owner with relocation arrangements and schedule real estate closing. ix. Draw/funding requests ● Assist subrecipient with NFS draw requests, funding requests, wire tracking, and coordinating program activities to align with funding schedule. x. File, audit, closeout, and demolition ● Complete final audit to ensure all procedures were properly followed. ● Transfer physical files to subrecipient and complete remaining data entry. ● Provide procured demolition contractor with property access. e) Environmental Services i. Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical Exclusion Subject to 58.5, Environmental Assessment, and Environmental Impact Statements; ii. If necessary, conduct tiered environmental review and submit broad and site-specific environmental reviews as required by 24 CFR Part 58. i. Prepare, complete and submit required forms for environmental review and provide all documentation to support environmental findings; ii. Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance; iii. Be able to perform or contract special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural reviews, Phase I & II ESAs, USACE permits, etc.; iv. Prepare all responses to comments received during comment phase of the environmental review, (RFQ 23-059/JW) GRANT ADMINISTRATION AND PROJECT MANAGEMENT (USDA-CWDG) PAGE 11 OF 51 including State/Federal Agency requiring further studies and/or comments from public or private entities during public comment period; v. Maintain close coordination with local officials, project engineer, if applicable, and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization; vi. Complete and submit the environmental review into NFS’s system of record; vii. At least one site visit to project location and completion of a field observation report; viii. Prepare and submit for publication all public notices including, but not limited to the Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds floodplain/wetland early and final notices in required order and sequence; ix. Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43; x. Process environmental review and clearance in accordance with NEPA; xi. Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required; xii. Prepare and submit Monthly Status Report; and xiii. Participate in regularly scheduled progress meetings. Management Professional Services Rating Sheet NFS CWDG-MOD Rate the Firm’s Proposal in the following areas: A. Experience and Qualifications Points Possible Points Awarded 1. Experience with application grant writing and project delivery services for State and Federally funded projects. 15 2. Experience working with the Cities and Counties 15 SUBTOTAL 30 B. Work Performance (references and prior experience with firm) Points Possible Points Awarded 1. Work product is consistently of high quality 5 2. Facilitates completion of project activities on schedule 5 3. Understands the approach for project implementation 5 4. References from current/past clients 10 SUBTOTAL 25 C. Capacity to Perform Points Possible Points Awarded 1. Staffing level/experience, special skills 15 2. Understanding of CWDG 15 SUBTOTAL 30 D. Affirmation Action Points Possible Points Awarded 1. Firm is a Historically Underutilized Business (Include Comptroller Cert in proposal) 10 SUBTOTAL 10 E. Proposed Fee Points Possible Points Awarded 1. Price is reasonable considering the firm’s experience and qualifications 5 SUBTOTAL 5 SECTION 3: FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Scoring Summary: Points Possible Points Awarded A. Experience of firm 30 B. Work performance/program implementation 25 C. Capacity to perform 30 D. Affirmation Action 10 E. Proposed Fee 5 TOTAL SCORE 100 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 13 OF 51 MANDATED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY UNDER FEDERAL AWARDS REQUIRED BY 2 C.F.R. §200.326 APPENDIX II TO 2 CFR §200 2 CFR 200.327 Contract provisions. The non-Federal entity’s contracts should contain applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards. The non-Federal entity’s contracts must contain the provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards, as applicable. *Language as of August 31, 2022. THRESHOLD PROVISION CITATION >$250,000 (Simplified Acquisition Threshold) 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. 2 CFR 200 APPENDIX II (A) >$10,000 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 affected and the basis for settlement. 2 CFR 200 APPENDIX II (B) None 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.” 41 CFR 60-1.4 Equal opportunity clause. (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The [recipient] hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive 2 CFR 200 APPENDIX II I and 41 CFR §60-1.4(b) 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/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-41/part-60 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 14 OF 51 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. (9) The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 15 OF 51 The [recipient] further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the [recipient] so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The [recipient] agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The [recipient] further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the [recipient] agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the [recipient] under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such [recipient]; and refer the case to the Department of Justice for appropriate legal proceedings. >$2,000 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. 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. 2 CFR 200 APPENDIX II (D) >$100,000 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 2 CFR 200 APPENDIX II (E) https://www.govinfo.gov/link/uscode/40/3141 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.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 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/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 16 OF 51 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. None 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. 2 CFR 200 APPENDIX II (F) >$150,000 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). 2 CFR 200 APPENDIX II (G) >$25,000 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. 2 CFR 200 APPENDIX II (H) >$100,000 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. 2 CFR 200 APPENDIX II (I) and 24 CFR §570.303 See 2 CFR §200.323. 2 CFR 200 APPENDIX II (J) See 2 CFR §200.216. 2 CFR 200 APPENDIX II (K) See 2 CFR §200.322. 2 CFR 200 APPENDIX II (L) >$10,000 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental 2 CFR 200.323 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 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 17 OF 51 Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. >$100,000 §135.38 Section 3 clause All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. 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. B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, 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 135 regulations. C. 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. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, 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 135. 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 135. E. 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 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135. F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. 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 https://www.ecfr.gov/current/title-40/part-247 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 18 OF 51 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). None Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA) and 2 C.F.R. § 200.216, as implemented by FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), prohibit the obligation or expending of federal award funds on certain telecommunication products or from certain entities for national security reasons. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) 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). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) 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. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. 2 CFR 200.216 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232 https://www.ecfr.gov/current/title-2/section-200.471 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 19 OF 51 None As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2 CFR 200.322(a)( b)(1) (2) None The Federal awarding agency must establish conflict of interest policies for Federal awards. The non-Federal entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass-through entity in accordance with applicable Federal awarding agency policy. 2 CFR 200.112 None The Federal awarding agency and the non-Federal entity should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine- readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass-through entity must always provide or accept paper versions of Federal award-related information to and from the non-Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass- through entity must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. 2 CFR 200.336 None Contracting with HUB, small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. 2 CFR 200.321 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 20 OF 51 None Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass- through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non- Federal entity. (e) Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 2 CFR 200.334 None CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED. A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section 2270.0052, 2270.0102, or 2270.0152. In accordance with Texas Government Code, Chapter 2252, Subchapter F, Respondent hereby represents and warrants that it is not a company identified on the lists prepared and maintained under Texas Government Code §§ 2270.0052 (companies with business operations in Sudan), 2270.0102 (companies with business operations in Iran), or 2270.0152 (companies known to have contracts with or provide supplies or services to a foreign terrorist organization). Notwithstanding the foregoing, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or to a foreign terrorist organization, is not subject to contract prohibition under this clause. A company claiming such exemption must submit the official copy of the declaration. Texas Government Code 2252.152 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 21 OF 51 >$100,000 PROVISION REQUIRED IN CONTRACT. (a) This section applies only to certain solicitations and contracts. Section 2271.002 of the Texas Government Code states the following: (a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Section 2271.001(2) of the Government Code defines “company" to be the meaning assigned by Section 808.001 of the Texas Government Code, except that the term does not include a sole proprietorship. Texas Government Code 2271.002 Option Contract Language for contracts awarded prior to Grant Award The contract award is contingent upon the receipt of federal funds. If no such funds are awarded, the contract shall terminate. Optional Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 42 U.S.C. 6201 The Firm agrees that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in employment, under any program or activity receiving federal financial assistance. Section 504 of the Rehabilitati on Act of 1973, as amended. (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 22 OF 51 BYRD ANTI-LOBBYING CERTIFICATION Certification for Contracts, Grants, Loans, and Cooperative Agreements-The undersigned 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 undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) 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 of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3) The undersigned 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. 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. The Contractor _ _ _ _ _ _ _ _ _ _ _ _ _ certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date REQUIRED FORM Respondent: Please complete this form and include with RFQ response submission. (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 23 OF 51 DEBARMENT/SUSPENSION CERTIFICATION Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (No procurement Debarment and Suspension). This requirement applies to all FEMA grant and cooperative agreement programs. Federal Executive Order (E .O.) 12549 "Debarment" requires that all contractors receiving individual awards, using federal funds, and all sub recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document, you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://www.acquisition.gov/far/52.209-6?searchTerms=52.209-6 The Contractor certifies or affirms by your signature that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date REQUIRED FORM Respondent: Please complete this form and include with RFQ response submission. https://www.acquisition.gov/far/52.209-6?searchTerms=52.209-6 (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 24 OF 51 CIVIL RIGHTS COMPLIANCE PROVISIONS 1. EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause) (For all awarded contracts that meet the definition of "federally assisted construction contract" provided in 41 CFR Part 60- 1.3) During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or order this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (RFQ 23-059/JW) PROFESSIONAL GRANT ADMINISTRATION AND PROJECT MANAGEMENT (CWDG) PAGE 25 OF 51 CIVIL RIGHTS COMPLIANCE PROVISIONS (CONTINUED) 8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the abo