Request for Qualifications – Federal Compliance Consultant for CDFA Clean Energy Loans
The New Hampshire Community Development Finance Authority (CDFA) seeks qualified professionals to ensure compliance with federal regulations under the American Resource and Recovery Act (ARRA) for certain loans made by the Community Development Finance Authority’s Clean Energy Fund.
Two programs, the Enterprise Energy Fund and the Better Buildings Fund, are federal low-interest loan programs available to businesses and non-profit organizations to help finance energy improvements and renewable energy projects in their buildings. The goal is to reduce energy costs and consumption, and promote economic recovery and job creation. The average project size is $250,000, and the projects are either renewable energy installations (solar, wood pellet boilers, etc.), energy efficiency projects (lighting, insulation, etc.), or a combination.
All construction contracts funded through these Funds must include a provision for compliance with wage and labor standards similar to those contained in the Davis Bacon Act and associated US Department of Labor regulations. The principal requirements are that:
- grantees and borrowers must include a copy of the current prevailing wage rate determination in each Request For Bids (RFB);
- grantees may only award contracts to eligible contractors and subcontractors who accept the wage rate determination and certify that they will pay wages at or above the specified rates and comply with other labor standards;
- contractors must pay laborers the wage rate determined by the Secretary of Labor to be the prevailing rate in that labor market (the applicable Davis-Bacon wage rate for the area and work classification);
- contractors must pay wages at least once a week, and
- grantees and borrowers are required to report all suspected, reported or confirmed violations of over $100 to CDFA for investigation of these alleged violations.
CDFA expects to award up to 15 financing packages to businesses and non-profit organizations statewide over the next 12 months. Each of the projects utilizing federal programs, individually or as a grouping, will also be contracted to consultants to assure required compliance. The consultants’ work could begin as early as August 30, 2015.
The consultant(s) will enter into a contract with CDFA for each individual project. The contracts will be administered by CDFA.
Scope of Work:
Qualified consultant(s) will perform the following tasks. All project communication between the consultant and CDFA must be done through CDFA’s Grant Management System (GMS). This will include uploading all of the required documents and submitting invoices through GMS. All documents that need to be provided to CDFA will be provided through uploading and submitting such documents into our Grants Management System.
- Collect and provide evidence to CDFA that a minimum of three Davis Bacon-compliant bids were received for each energy efficiency project, scope of work, or materials needed for the project, including current prevailing wage pricing for labor costs for the applicable county. http://www.wdol.gov/dba.aspx
- Provide evidence to CDFA of the identified winning bid of each energy efficient measure, and provide a summary from the owner explaining procurement decision.
- Provide CDFA with all copies of signed contracts with contractors and sub-contractors, which must include Davis Bacon Wage language and current pricing as well as printouts of prevailing Davis Bacon wages for country of project attached to contracts. http://www.wdol.gov/dba.aspx
- Provide CDFA with all signed and initialed ARRA contracts from each contractor or subcontractor. Be sure to include all Acknowledgements and Exhibits.
- Schedule and document a pre-construction meeting with owner, contractors and CDFA.
- In addition to the above referenced information provide CDFA with the following information from all contractors and sub-contractors:
- Insurance certificates (including worker’s compensation coverage)
- DUNS and CCR #’s
- Verification of non-Debarment and Certificate of Good Standing from the State of New Hampshire (with printout) on all.
- Provide CDFA with:
- Hazardous Waste Disposal Plan (for anything being removed from the property)
- Timeline for entire project
- Project approval from NH Division of Historical Resources if the property is more than 50 years old
- Review certified payrolls weekly for compliance for all Enterprise Energy Fund or Better Buildings construction projects. The consultant will compare each week’s payroll forms to the wage determination for each class/craft to assure that applicable wages are being paid as required. As part of the review, the consultant shall verify that:
- the payroll covers the proper pay period and is complete and accurate;
- each worker has been paid the proper wages and benefits
- payments to the workers are consistent with the wage rate determination.
- Interviews and posting compliance. The consultant will conduct a visual inspection of the work sites to determine that the labor standards information is properly posted at the job site.
- Conduct interviews of enough employees to provide a representation of the crafts and trades utilized on the project. The consultant must verify that the workers’ duties, job title, and pay are aligned and in accordance with the Davis Bacon and Related Acts as specified in ARRA.
- Report and investigate violations. If non-willful violations are found, the consultant shall coordinate with the contractor to make appropriate restitution to affected workers, and/or assess liquidated damages for non-payment of wages or overtime and require a separate supplemental payroll.
- Submit invoices to CDFA for payment. Consultant will collect invoices and submit them including backup documentation on an as-needed basis, but not more frequently than bi-weekly, for the duration of the project.
The consultant will perform the above mentioned tasks for the duration of the specific project.
Working conditions include a mix of inside and outside environmental and construction-related conditions.
Proposal Review Criteria:
Selection will be based on the consultant’s:
- Knowledge of and experience complying with all applicable federal regulations, including Davis Bacon wage determination policies and reporting requirements;
- Experience assisting clients to comply with Davis Bacon wage policies and reporting requirements and implementation;
- Organizational skills;
- Writing and communication skills; and
- Ability to complete the proposed scope of work.
The proposal shall clearly name the individual in charge and other personnel if applicable. Please describe qualifications and related experience and include a resume for all personnel identified in the proposal. The applicant should be available for an interview.
The purpose of this RFQ is to pre-qualify a list of consultants throughout the state who can act as Federal Compliance Consultants for CDFA Clean Energy Fund loans funded through either Better Buildings or the Enterprise Energy Fund. Borrowers will have the opportunity to review CDFA’s list of qualified consultants in order to choose a consultant for their individual project. CDFA expects that most turn-key consultant fees will not exceed $5,000 (per project).
CDFA will consider responses to this RFQ through September 30, 2015. However, respondents should bear in mind that applicants will be provided lists of qualified consultants starting in August, 2015. Hand delivered or mailed proposals should be sent to the Community Development Finance Authority, 14 Dixon Ave., Suite 102, Concord NH 03301 or electronic PDF to firstname.lastname@example.org.
This request does not commit Community Development Finance Authority to award a contract nor to pay any costs incurred in the submission of a proposal or in making necessary studies for the preparation thereof, nor to procure or contract for services or supplies. The Community Development Finance Authority reserves the right to reject any or all proposals.
Funding for this activity is provided through American Recovery and Reinvestment Act (“ARRA”) funding distributed through the U.S. Department of Energy. Therefore, all federal requirements of the ARRA, as amended, and all state requirements must be adhered to and will be part of the contract. Women and minority-owned businesses are encouraged to apply.
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