EPA & Regulatory Legal Services RFP Q&A
Q: Section 5, Questions and Contact Information mentions a website where answers to questions will be posted. Please provide the website address. Will answers to all questions be shared with all bidders?
A: We are responding to all questions received and will post to our website as appropriate. We will include a link to such questions and answers where the RFPs are posted (Climate United | Calvert Impact Capital).
Q: The scope of services section states that the successful offeror under the RFP will assist with “[d]raft[ing] and/or review[ing] of sub-awardee agreements with CPC and Self-Help.” Please confirm whether CUF has existing sub-awardee agreements that it intends to leverage during the negotiations or whether CUF anticipates that the successful offeror under the RFP will be responsible for the first draft of those agreements.
A: We have existing MOUs with CPC and Self-Help, but no sub-award agreements. We anticipate leveraging the EPA’s Subaward Agreement Template (published by the EPA), but are also awaiting guidance from the EPA on the required contents of subaward agreements.
Q: Does CUF anticipate needing assistance with sub-awardee agreements with entities other than CPC and Self-Help?
A: CPC and Self-Help are the only known sub-awardees at this time, but additional sub-awardees may be added in the future.
Q: The scope of services section states that the awardee will “[a]ssist with development of overall regulatory and compliance strategy.” Please describe the components or subject areas of the “overall regulatory and compliance strategy” that CUF anticipates developing. In other words, is the overall strategy primarily focused on federal grant and EPA requirements, or is the strategy broader than those two areas?
A: At this time, we anticipate needing assistance with compliance with federal grant, EPA, and government contracting rules and requirements (including Davis Bacon and Build America Buy America).
Q: The scope of services section states that the awardee will “[r]epresent CUF’s interests before local, state, and federal courts, and administrative agencies.” Are there specific tribunals that CUF anticipates appearing before?
A: No, we are not aware of any current or threatened litigation or administrative proceedings against CUF at this time.
Q: We understand that compliance with the applicable provisions of Appendix II to 2 CFR Part 200 and Appendix A to 40 CFR Part 33 is mandatory and required by Federal grant regulations. We are concerned, however, that the “Federal Compliance” clause of Attachment A goes far beyond these mandatory provisions and requires compliance with “all 2 CFR 200 requirements,” as well as other, unspecified requirements of various Federal grant programs. See Solicitation, at 10. See also Solicitation, at 2 (stating that legal fees would be “in compliance with any terms” of an NCIF grant award). We do not believe these broad requirements are mandated by law or would likely be relevant to the provision of legal services. Accordingly, to promote competition, can you please consider modifying the RFP to clarify that (1) only compliance with the applicable provisions of Appendix II to 2 CFR Part 200 and Appendix A to 40 CFR Part 33 is mandatory, and (2) compliance with other 2 CFR 200 requirements, or other requirements of Federal grant programs, is not mandatory but would be evaluated and resolved by the parties on a case-by-case basis during contract performance?
A: Legal service providers would only be expected to comply with applicable federal laws, rules and requirements. The language is intentionally broad in the RFP, as we have not yet entered into an award agreement with EPA and therefore the terms of the award are unknown. Specific terms will be negotiated in the Master Services Agreement with selected legal service provider(s).
Q: Please confirm whether payment of legal fees performed by a selected Proposer will be contingent upon CUF receiving grant funding from the EPA.
A: Confirmed – but we do not expect to incur any legal fees before we receive notice of an award from EPA.
Q: The RFP provides that CUF intends to enter into a Master Services Agreement with the selected Proposer(s) which will be contract agreements which include the terms and conditions set forth on Attachment A to the RFP. Please confirm that the selected Proposer(s) will have an opportunity to negotiate those terms and conditions and that the final contract agreement will incorporate the negotiated, amended terms and conditions.
A: Confirmed – we expect that the Attachment A terms may be modified, in particular to conform to any guidance or requirements from EPA.
Q: The RFP incorporates and references a number of laws, rules, orders, and regulations. Please confirm that the selected Proposer(s) will have an opportunity in the contract discussion and negotiation process to identify any items that do not apply to the services to be provided under its proposal and to propose language for inclusion in the contract documenting any agreed-upon determination about the applicability of those items.
A: Legal service providers would only be expected to comply with applicable federal laws, rules and requirements. The language is intentionally broad in the RFP, as we have not yet entered into an award agreement with EPA and therefore the terms of the award are unknown. Specific terms will be negotiated in the Master Services Agreement with selected legal service provider(s).
Q: Please confirm that the selected Proposer(s) will have the option of terminating their participation in the RFP process if they are unable to reach agreement with CUF on the terms of the contract.
A: Confirmed.
