HomeMy WebLinkAboutC24-443 CDPHE_WIC program grant agreementTask Order No.2025*0240 Page 1 of 3 Version 02.24.2022
TASK ORDER
State Agency
State of Colorado for the use & benefit of the
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver CO 80246
Contractor
Board of County Commissioners of Eagle County
(a political subdivision of the state of Colorado)
500 Broadway
Eagle CO 81631-0850
for the use and benefit of the
Eagle County Public Health Agency
551 Broadway
Eagle CO 81631
Master Task Order Contract Number
23 FAA 00016
Task Order Number
2025*0240
Task Order Performance Beginning Date
The later of the Task Order Effective Date or
October 1, 2024
Task Order Maximum Amount
Initial Term
State Fiscal Year 2025-2026 $216,577.00
Extension Terms
Total for All State Fiscal Years $216,577.00
Task Order Expiration Date
September 30, 2025
Except as stated in §2.D., the total duration of this
Contract, including the exercise of any options to
extend, shall not exceed 5 years from its Performance
Beginning Date.
Pricing/Funding
Price Structure: Cost Reimbursement
Contractor Shall Invoice: Monthly
Funding Source:
Federal $216,577.00
Miscellaneous:
Authority to enter into this Contract exists in:
C.R.S. 25-1.5-101 – C.R.S. 25-1.5-113
Law Specified Vendor Statute (if any): Not Applicable
Procurement Method: Request for Application
Solicitation Number (if any): RFA #24076181
State Representative
Kathryn Gasowski
Fiscal and Operations Manager
Prevention Services Division, Nutrition Services Branch
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Kathryn.Gasowski@state.co.us
Contractor Representative
Geralyn Carroll
WIC Director
Eagle County Public Health Agency
551 Broadway
Eagle CO 81631
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Contract:
Exhibit A Additional Provisions
Exhibit B Statement of Work
Exhibit C Budget
Exhibit D Federal Provisions
Contract Purpose
Implement and operate the COWIC Program of the USDA Food and Nutrition Services (FNS) Special Supplemental
Nutrition Program for Women, Infants and Children (WIC) as an authorized local COWIC agency.
Task Order No.2025*0240 Page 2 of 3 Version 02.24.2022
In accordance with §4.B of the Master Task Order Contract referenced above, Contractor shall complete the following
Project:
1. PROJECT DESCRIPTION
Contractor shall complete the Project described in Exhibit B Statement of Work (SOW) that is attached hereto and
incorporated herein (“the SOW”). All terminology used in this Task Order and the SOW shall be interpreted in accordance
with the Master Task Order Contract unless specifically defined differently in this Task Order. The Statement of Work
and Budget are incorporated herein, made a part hereof and attached hereto as Exhibit B - Statement of Work and Exhibit
C - Budget.
2. PAYMENT
The State shall pay Contractor the amounts shown in Exhibit C - Budget that is attached hereto and incorporated herein,
in accordance with the requirements of the SOW and the Master Task Order Contract. The State shall not make any
payment for a State Fiscal Year that exceeds the Task Order Maximum Amount shown above for that State Fiscal Year.
3. PERFORMANCE PERIOD
Contractor shall complete all Work on the Project described in this Task Order by the Task Order Expiration Date stated
above. Contractor shall not perform any Work described in the SOW prior to the Task Order Performance Beginning
Date or after the Task Order Expiration Date stated above.
4. TASK ORDER EFFECTIVE DATE:
The Effective Date of this Task Order is upon approval of the State Controller or October 1, 2024, whichever is later.
Task Order No.2025*0240 Page 3 of 3 Version 05.02.2022
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to
execute this Contract and to bind the Party authorizing his or her signature.
CONTRACTOR
Board of County Commissioners of Eagle County
(a political subdivision of the state of Colorado)
for the use and benefit of the
Eagle County Public Health Agency
______________________________________________
By: Signature
______________________________________________
Name of Person Signing for Contractor
______________________________________________
Title of Person Signing for Contractor
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
______________________________________________
By: Signature
_____________________________________________
Name of Executive Director Delegate
_____________________________________________
Title of Executive Director Delegate
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
_____________________________________________
By: Signature
_____________________________________________
Name of State Controller Delegate
_____________________________________________
Title of State Controller Delegate
Effective Date:_____________________________________
--Signature Page End--
EXHIBIT A
Page 1 of 5
Task Order No.2025*0240 Ver. 04.15.22
ADDITIONAL PROVISIONS
To Original Contract Number 2025*0240
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. To receive compensation under the Contract, the Contractor shall submit a signed Monthly CDPHE
Reimbursement Invoice Form. This form is accessible from the CDPHE internet website
https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and
made part of this Contract by reference. CDPHE will provide technical assistance in accessing and
completing the form. The CDPHE Reimbursement Invoice Form and Expenditure Details page must
be submitted no later than forty-five (45) calendar days after the end of the billing period for which
services were rendered. Expenditures shall be in accordance with the Statement of Work and Budget
incorporated into this Contract.
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document.
Email the scanned invoice with the Excel workbook containing the Expenditure Details page to:
CDPHE_NSBFiscal@state.co.us
Final billings under the Contract must be received by the State within a reasonable time after the
expiration or termination of the Contract, typically no later than forty-five (45) calendar days from the
effective expiration or termination date of the Contract. However, supplemental invoices may be
submitted up until November 30 to ensure all costs incurred in the previous fiscal year are claimed for
that fiscal year.
Unless otherwise provided for in the Contract, “Local Match”, if any, shall be included on all invoices
as required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements
unless approved in writing by the appropriate federal agency.
Contractor shall request prior approval in writing from the State for all modifications to the Statement
of Work, or for any modification to the direct costs in excess of twenty-five percent (25%) of the total
budget for direct costs, or for any modifications to the indirect cost rate. Any request for modifications
to the Budget in excess of twenty-five percent (25%) of the total budget for direct costs, or any
modifications to indirect cost rates, shall be submitted to the State at least ninety (90) days prior to the
end of the contract period and will require a modification.
2. Time Limit for Acceptance Of Deliverables.
a. Evaluation Period. The State shall have sixty (60) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State’s
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30)
calendar days, to correct the noted deficiencies.
EXHIBIT A
Page 2 of 5
Task Order No.2025*0240 Ver. 04.15.22
3. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4. The Contractor shall obtain the prior written approval of the State before, and as a condition of,
purchasing any equipment with WIC funds that costs Five Thousand Dollars ($5,000.00) or more. If
such approval is given by the State, and the Contractor purchases the equipment, then that equipment
shall be the property of the COWIC Program.
5. The Contractor shall ensure that no claim is submitted to the State for the reimbursement of those
services which are already funded by other state or federal programs, or for costs that are not allowable
as defined in the WIC Program Manual
6. The Contractor’s claims for the reimbursement of all administrative costs shall be made in accordance
with all applicable requirements imposed by the USDA, including but not limited to 7 C.F.R., Part 246,
as amended, all applicable Office of Management and Budget (OMB) circulars, and the State’s WIC
policies, as amended.
7. Continued State financial reimbursement under this Contract is contingent upon the continued
operation of the WIC program as described in this Contract, and the Contractor’s timely sub mission of
all the reports, data, or other documentation required under this Contract.
8. Reimbursement is allowed for costs incurred on or after October 1, 2024, for expenses allowable and
allocable under Notice of Cooperative Agreement Award “NCAA.”
9. Nondiscrimination: The Recipient will comply with following the nondiscrimination statutes and
regulations, other related regulations and any USDA nondiscrimination directives:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d- et seq.) and USDA regulations at 7
CFR Part 15, Nondiscrimination, and Department of Justice regulations at 28 CFR Part 42, Non-
discrimination; Equal Employment Opportunity: Policies And Procedures;
b. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and USDA regulations at
7 CFR Part 15a, Education Programs or Activities Receiving or Benefiting from Federal Financial
Assistance;
c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 1681 et seq.) and USDA regulations at 7
CFR Part 15a, Education Programs or Activities Receiving or Benefiting or Benefiting from
Federal Financial Assistance, and Department of Justice regulations at 28 CFR Part 41,
Implementation of Executive Order 12250, Nondiscrimination On the Basis of Handicap in
Federally Assisted Programs; and
d. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) The Grantee assures that it will
immediately take any measures necessary to effectuate the requirements in these laws, regulations
and directives. The Grantee gives this assurance in consideration of and for the purpose of
obtaining the funds provided under this agreement.
e. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of
disability in employment (Title I), state and local government services (Title II), places of public
accommodation and commercial facilities (Title III). (42 U.S.C. 12101-12213).
The following nondiscrimination statement MUST be included on all publications, outreach
materials, handouts, referral materials, leaflets and brochures that identify or describe the WIC
program:
EXHIBIT A
Page 3 of 5
Task Order No.2025*0240 Ver. 04.15.22
In accordance with Federal civil rights law and U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and
employees, and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin, sex, religious
creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights
activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information
(e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State
or local) where they applied for benefits. Individuals who are deaf, hard of hearing, or have speech
disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination
Complaint Form, (AD-3027) found online at:
https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-
0002-508-11-28-17Fax2Mail.pdf, and at any USDA office, or write a letter addressed to USDA and
provide in the letter all of the information requested in the form.
To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to
USDA by:
mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
fax: (202) 690-7442; or
email: program.intake@usda.gov.
This institution is an equal opportunity provider.
10. Assurance of Civil Rights Compliance
The State Agency and its sub-recipients hereby agree that it will comply with Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with
Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-
12189) as implemented by Department of Justice regulations at (28 CFR Parts 35 and 36); Executive
Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August
11, 2000), all provisions required by the implementing regulations of the U.S. Department of
Agriculture (7 CFR Part 15 et seq); and FNS directives and guidelines to the effect that no person
shall, on the ground of race, color, national origin, age, sex, or disability, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity for which the Agency receives Federal financial assistance from FNS; and hereby
gives assurance that it will immediately take measures necessary to effectuate this agreement.
By providing this assurance, the State Agency agrees to compile data, maintain records and submit
records and reports as required to permit effective enforcement of the nondiscrimination laws, and to
permit Department personnel during normal working hours to review and copy such records, books
and accounts, access such facilities, and interview such personnel as needed to ascertain compliance
with the non-discrimination laws. If there are any violations of this assurance, the Department of
Agriculture shall have the right to seek judicial enforcement of this assurance.
EXHIBIT A
Page 4 of 5
Task Order No.2025*0240 Ver. 04.15.22
This assurance is given in consideration of and for the purpose of obtaining any and all Federal
financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation
of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and
the permission to use Federal property or interest in such property or the furnishing of services without
consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of
assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or
furnishing of services to the recipient, or any improvements made with Federal financial assistance
extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or
other contract that has as one of its purposes the provision of cash assistance for the purchase of food,
and cash assistance for purchase or rental of food service equipment or any other financial assistance
extended in reliance on the representations and agreements made in this assurance.
This assurance is binding on the State Agency, its successors, transferees, and assignees as long as it
receives assistance or retains possession of any assistance from the Department. The person or persons
whose signatures appear below are authorized to sign this assurance on the behalf of the State Agency.
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights
regulations and policies, this institution is prohibited from discriminating on the basis of race, color,
national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or
retaliation for prior civil rights activity.
Nondiscrimination Statement: Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of communication to obtain program
information (e.g., Braille, large print, audiotape, American Sign Language), should contact the
responsible state or local agency that administers the program or USDA’s TARGET Center at (202)
720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA
Program Discrimination Complaint Form which can be obtained online at:
https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-
0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number,
and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant
Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The
completed AD-3027 form or letter must be submitted to USDA by:
mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
fax:
(833) 256-1665 or (202) 690-7442; or
email:
Program.Intake@usda.gov
This institution is an equal opportunity provider.
11. The Contractor shall agree to support full use of federal funds provided from USDA/Food and
Nutrition Service to Colorado to administer the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC) as established in Section 12(b) of the Richard B. Russell National School
Lunch Act, 42 U.S.C. 1760 (b), as amended by Section 361 of the Health, Hunger-Free Kids Act of
2010 (Public Law 111-296). This stipulates that funds provided for administration should be excluded
EXHIBIT A
Page 5 of 5
Task Order No.2025*0240 Ver. 04.15.22
from local agency budget restrictions including at a minimum, hiring freezes, work furloughs, and
travel restrictions affecting the WIC program if there are enough WIC funds available to pay for those
services during the contract period
12. No State or other public funds payable under this Contract shall be used for the acquisition, operation
or maintenance of computer software in violation of United States copyright laws or applicable
licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any
extensions, the Contractor has in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that the Contractor is in violation of this paragraph, the State
may exercise any remedy available at law or equity or under this Contract, including, without
limitation, immediate termination of the Contract and any remedy consistent with United States
copyright laws or applicable licensing restrictions
Task Order No. 2025*0240 1 of 12
Exhibit B
STATEMENT OF WORK
To Original Contract Number 2025*0240
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
I. Project Description:
This project serves to benefit the health division of the Colorado Department of Public Health and Environment (CDPHE)
through the implementation of the federally funded Special Supplemental Nutrition Program for Women, Infants and Children
(WIC) program established through the United States Department of Agriculture (USDA) Food and Nutrition Services (FNS).
The program provides federal grants to states for supplemental foods, health care referrals, and nutrition education for
income-eligible pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age
5 who are found to be at nutritional risk
The Colorado WIC (COWIC), located in Denver, Colorado, is contracting with local health agencies and Federally Qualified
Health Centers to administer the program to participants within defined territories throughout the state.
The COWIC will benefit the state COWIC office, local health agency WIC programs, and program participants in Colorado.
II. Work Plan:
Goal #1: The Colorado Special Supplemental Nutrition Program for Women, Infants and Children (COWIC or the Program)
at the Colorado Department of Public Health & Environment (CDPHE) provides nutrition education, breastfeeding support,
referrals, and food benefits to income-eligible pregnant, postpartum, and breastfeeding women, infants, and children up to the
age of five (5).
Objective #1: No later than the expiration date of the contract, support the COWIC Program through the implementation and
operation of the USDA Food and Nutrition Services (FNS) Special Supplemental Nutrition Program for Women, Infants and
Children (WIC) as an authorized local COWIC agency.
Primary Activity #1 The Contractor shall provide Nutrition Services to COWIC Participants.
Sub-Activities #1
1. The Contractor shall attend a post-award meeting to review:
a. Contract period of performance
b. Contract statement of work
c. Contract deliverables
d. Other contract-related information
e. Federal funding compliance (optional)
2. The Contractor shall screen WIC applicants for eligibility based on the certification
requirements identified in Section 8 - Certification, Eligibility and Coordination of the
Colorado WIC Policy & Procedures.
3. The Contractor shall ensure that participants in the program meet the following
eligibility requirements in accordance with policy:
a. Are pregnant, breastfeeding, and/or postpartum women, or are infants or
children up to age five
b. Are income eligible for services
c. Have an identifiable nutrition risk factor
4. The Contractor shall conduct a Nutrition Assessment of COWIC participants.
a. The Contractor shall apply the COWIC Program nutritional risk factor
definitions, as outlined in Section 8 - Nutrition Risk Factors & Priority
System of the Colorado WIC Policy & Procedures when assessing an
applicant's/participant's nutritional/medical risks for the program at
certifications.
b. The Contractor shall refer participants identified with high nutritional or
medical risk factors to receive high risk nutrition counseling from the WIC
Task Order No. 2025*0240 2 of 12
High Risk Counselor, in accordance with Section 2 of the Colorado WIC
Policy & Procedure Manual outlining High and Low Risk Protocols.
5. The Contractor shall provide nutrition education to enrolled COWIC participants as
identified in Section 2 - Nutrition Services of the Colorado WIC Policy & Procedures.
6. The Contractor shall ensure the provision of appropriate referrals to health and public
assistance programs to COWIC applicants, participants, and designated proxies per
Section 2 - Screening and Referrals of the Colorado WIC Policy & Procedures.
a. The Contractor shall maintain a current list of local assistance services and
organizations.
b. The Contractor shall document consent and referrals within the COWIC
Management Information Systems (MIS).
c. The Contractor shall contact referrals received through online referral
systems, including Colorado PEAK Applications, within 10 days of
submission.
i. The Contractor shall ensure clients are scheduled within the
required processing standards as noted in the processing standards.
7. The Contractor shall directly support the initiation and continuation of breastfeeding
as outlined in Section 2 - Nutrition Services of the Policy & Procedure Manual.
a. The Contractor shall provide breastfeeding education that:
i. Endorses breastfeeding as the preferred method of infant feeding
among COWIC program participants
ii. Provides information on the benefits of exclusive breastfeeding
iii. Supports parents in their decisions regarding infant feeding that is
best for their family
iv. Provides breastfeeding education and support to all pregnant
participants and throughout the postpartum period, as needed
v. Provides the appropriate breastfeeding or infant formula food
package based on policy
vi. The Contractor shall establish clinic procedures to refer pregnant
and postpartum women to the Breastfeeding Peer Counseling
program for additional support
b. The Contractor shall collaborate with other breastfeeding support programs
within its community.
c. The Contractor shall develop policies to create a clinic environment that
supports breastfeeding clients.
d. The Contractor shall designate a staff person to serve as the Breastfeeding
Coordinator to:
i. Provide leadership to local agency staff on breastfeeding matters
ii. Ensure all local agency staff have received, at a minimum, basic
breastfeeding training
e. The Contractor shall manage a breast pump inventory.
i. Provide appropriate breast pumps to participants, when necessary
ii. Securely store breast pumps in a locked location
iii. Securely store breast pump supplies in a locked location
Task Order No. 2025*0240 3 of 12
iv. Provide appropriate education on:
1. pumping
2. human milk storage
v. Maintain breast pump inventory to:
1. Track loaned breast pumps
2. Track quantities of breast pump supplies
3. Utilize information to reorder as needed through the
COWIC Program staff
Primary Activity #2
The Contractor shall administer the COWIC program within its defined service area.
Sub-Activities #2
1. The Contractor shall provide staffing sufficient to service participant caseload as
outlined in Section 4 - Organization and Management of the Colorado WIC Policy &
Procedures and to adhere to operating standards.
a. The Contractor shall determine staffing needs.
b. The Contractor shall devise contingency plans to ensure the continuity of
operations in the absence of or unavailability of key staff members.
c. The Contractor shall ensure that client services remain available.
d. The Contractor shall provide written plans for continuation of service if staff
turnover negatively impacts required services.
e. The Contractor shall ensure key positions, specifically, Director and High
Risk Counselor, meet the minimum qualifications as identified in Section 4 -
Local Staffing of the Colorado WIC Policy & Procedures.
f. The Contractor shall contact the COWIC assigned Nutrition Consultant if
personnel issues persist for more than 30 days.
2. The Contractor shall ensure their WIC staff meet standard qualifications to
successfully perform their respective roles as defined in Section 4 - Local Staffing
and Staff Training of the Colorado WIC Policies and Procedures.
a. Newly hired staff shall complete the COWIC New Employee Training
program within the required timeframe defined in the policy.
b. Staff shall complete ongoing training to maintain job proficiency.
c. Qualifications of personnel assigned by the Contractor to perform the
services outlined within this contract shall be available for review and
approval by the COWIC Program at CDPHE.
3. For Contractors participating in a partnership: The Contractor shall adhere to the
terms and conditions of the Memorandum of Understanding (MOU) or other written
agreements on file with CDPHE.
4. The Contractor shall monitor the monthly participant caseload as defined in Section 7
- Caseload Management of the Colorado WIC Policy & Procedures.
a. The Contractor shall monitor monthly participant caseload reports generated
through:
i. WIC Data Central
ii. COWIC Management Information System
b. The Contractor shall develop outreach strategies as needed to increase
program participation.
c. The Contractor shall develop partnerships within its local community to
increase program participation.
Task Order No. 2025*0240 4 of 12
d. The Contractor shall publicize the availability of the Program at least once
per year using outreach techniques believed to be the most effective.
e. The Contractor shall notify participants of the Colorado WIC Text and
Voicemail Messaging Program when the participant’s phone number is
collected at the initial WIC appointment or updated at subsequent
appointments.
5. The Contractor shall adhere to the following service accessibility requirements:
a. The Contractor shall ensure clients can access COWIC (directly or through
partnership) at least four hours per day, five days a week by any combination
of the following:
i. access to trained program staff via phone
ii. providing the option to leave a message with next-business-day
response
iii. referring to another open agency that the Contractor has a
partnership agreement with to operate the program
b. The Contractor shall ensure service delivery hours and clinic sites are
accessible to working parents and rural residents.
c. The Contractor shall provide an environment for COWIC participants and
local agency staff that is
i. welcoming
ii. breastfeeding-friendly
iii. accessible for participants with disabilities
iv. provides confidential counseling spaces
d. The Contractor shall accommodate the cultural and language diversity of
participants through the use of phone or in-person translation services
whenever requested by the participant.
6. The Contractor shall document participant information in the COWIC MIS as defined
in Colorado WIC Policies & Procedures.
7. The Contractor shall direct all requests for the disclosure of individual-level,
identifying WIC participant information (i.e., any non-aggregated data) to the
COWIC Program Data Manager as outlined in the Data Use Agreement in Section 4 -
Organization and Management of the Colorado WIC Policy & Procedures.
8. The Contractor shall refer homeless facilities and domestic violence shelters that
serve WIC participants in their service area that would like to become a WIC-eligible
homeless shelter to COWIC Program staff to begin the application process as outlined
in Section 4 of the Colorado WIC Policies and Procedures.
a. The Contractor shall visit the shelter within 60 days from notification of the
Letter of Agreement from the COWIC Program to complete the following:
i. Conduct an initial orientation visit
ii. Complete the Initial Evaluation of a WIC-Eligible Homeless
Facility form available from the COWIC Program
b. The Contractor shall submit the completed Initial Evaluation of a WIC
Eligible Facility form to COWIC Program.
Task Order No. 2025*0240 5 of 12
c. The contractor shall ensure continued compliance with the Letter of
Agreement on a biennial basis through the following activities:
i. The Contractor shall complete the Evaluation of WIC-Eligible
Homeless Facility form.
ii. The Contractor shall submit the completed form to the COWIC
Program within 30 days of the evaluation.
9. The Contractor shall maintain all equipment used for the program, including routine
maintenance of:
a. Computers
b. Card readers
c. Signature devices
d. Scales
e. Measuring boards
f. Hemoglobin testing equipment
g. Breast Pumps
10. The Contractor shall be responsible for the secure storage of all EBT cards available
for benefit issuance.
11. The Contractor shall provide the necessary support to operate COWIC computers and
peripheral devices:
a. On-site Information Technology (IT) support
b. Data security including firewalls
c. Internet access
12. The Contractor shall utilize the COWIC Program Outreach items.
13. The Contractor shall ensure that any local marketing effort follows COWIC Branding
guidelines outlined in the Colorado WIC Policy & Procedures.
14. The Contractor shall submit an annual local agency Nutrition Education Plan based
on the guidance provided by the COWIC State Office for that year.
a. The Contractor shall submit the plan electronically via email to the
Contractor's assigned Nutrition Consultant.
b. The Contractor shall implement the COWIC Program approved Nutrition
Education Plan.
c. The Contractor shall submit a written evaluation of the previous year’s
Nutrition Education Plan via email to the Contractor’s assigned Nutrition
Consultant.
15. The Contractor shall utilize the COWIC Management Information System (MIS) to:
a. Document all participant interactions
b. Collect signatures for benefits issued
16. The Contractor shall adhere to the COWIC MIS User Access Policy as outlined in
Section 4 - Management and Organization of the Colorado WIC Policy & Procedures.
a. The Contractor shall protect the confidentiality of a recipient’s identity by
limiting access to participant data. Limited access includes:
i. COWIC staff
ii. The recipient’s health care provider can only receive data from the
MIS with the participant’s documented consent but would be
provided by an authorized COWIC MIS User.
iii. Access to participant data by any party outside of Colorado WIC
requires documented consent by the participant.
Task Order No. 2025*0240 6 of 12
b. The Contractor shall inform the COWIC Program staff at CDPHE when new
employees need security roles assigned within the MIS.
c. The Contractor shall submit an MIS Access Request Form for all MIS users
when the following occurs:
i. Upon new employee hire
ii. Upon employee attrition
d. The Contractor shall report all MIS issues to the COWIC Help Desk
including:
i. MIS Application issues
ii. Data Integrity Issues
e. The Contractor shall maintain central files of specified documents per
Section 4 - Retention of WIC Records and Reports in the Colorado WIC
Policy & Procedures. Central File Requirements shall include:
i. Local Agency Equipment Inventory: The Contractor shall purchase
and maintain appropriate equipment to operate the MIS.
ii. The Contractor shall maintain a written equipment record according
to the Local Agency guidance when WIC funds are used to
purchase:
1. computer equipment
2. computer peripherals
3. television equipment
4. televisions
iii. Staff Training Records: The Contractor shall ensure that all local
agency COWIC staff maintain up-to-date training. Records are kept
on file including training on:
1. breastfeeding
2. policy
3. procedures
4. systems
17. The Contractor shall adhere to mandatory reporting requirements:
a. All local agency WIC staff are mandatory reporters of child abuse or neglect.
b. Local agency WIC staff will follow their local agency’s established
guidelines and procedures for reporting these situations following Colorado
Revised Statute (CRS 19-3-304).
18. Each COWIC local agency shall comply with Clinical Laboratory Improvement
Amendments (CLIA) as defined in Section 2 - Screening and Referrals of the
Colorado WIC Policies and Procedures.
a. All entities that perform even one test, including waived test on ... "materials
derived from the human body for the purpose of providing information for
the diagnosis, prevention or treatment of any disease or impairment of, or the
assessment of the health of, human beings" to meet certain Federal
requirements. If an entity performs tests for these purposes, it is considered
under CLIA to be a laboratory and must register with the CLIA program.
b. Hemoglobin testing is a waived test under CLIA.
c. The COWIC local agency performing hemoglobin tests shall operate under
their health department’s CLIA Certification Number.
d. Each Colorado WIC site address shall be listed on the CLIA Certificate.
Task Order No. 2025*0240 7 of 12
e. Local agency WIC staff shall provide the CLIA Certification Number on
COWIC administrative monitoring forms.
f. Local agency WIC staff may contact CDPHE’s Laboratory Services
Division for their CLIA certification number and additional information:
Phone: (303) 692-3681
FAX: (303) 344-9965
Email: cdphe.lab@state.co.us
Primary Activity #3
The Contractor shall issue food benefits to eligible, enrolled COWIC participants.
Sub-Activities #3
1. The Contractor shall issue food benefits to enrolled COWIC participants based on the
individualized food prescription and Program requirements using the MIS. Section 8 -
Certification, Eligibility and Coordination and Section 4 - Nutrition Services of the
Colorado WIC Policy & Procedures.
2. The Contractor shall provide training to COWIC participants on the use of food
benefits including:
a. How to use the EBT card
b. How to shop for eligible foods
c. How to access the Allowable Foods List
3. The Contractor shall be responsible for the security and accountability of EBT card
clinic inventory.
4. Waiting List
a. The Contractor shall activate COWIC Program initiated waitlist procedures
when funds are insufficient to support COWIC’s active enrollment.
5. The Contractor shall monitor redemption activity for program abuse at the local level.
6. The Contractor shall follow up on potential fraud activity as it relates to food benefits.
7. The Contractor shall report fraud activity to the COWIC assigned Nutrition
Consultant.
8. The Contractor shall review Program Integrity Reports provided by the COWIC
assigned Nutrition Consultant.
a. Reports shall be reviewed for potential fraud by staff.
b. A follow up email shall be sent to the Nutrition Consultant regarding
findings of the incident under review.
9. The Contractor shall reimburse the State for any COWIC Program funds that are
misused or otherwise diverted due to:
a. negligence
b. fraud
c. theft
d. embezzlement, or
e. any other loss caused by the Contractor, its employees or agents.
Primary Activity #4
The Contractor shall Participate in Program Monitoring as defined in Section 10 - Monitoring
and Audits COWIC Policy & Procedure Manual.
Task Order No. 2025*0240 8 of 12
Sub-Activities #4
1. The Contractor shall submit an annual local agency budget for operating the Program.
via email to the COWIC Fiscal Administrator at cdphe_nsbfiscal@state.co.us.
2. The Contractor shall submit monthly fiscal expenditure reimbursement requests via
email to the cdphe_nsbfiscal@state.co.us.
3. The Contractor shall submit Local Agency Time Studies via email to the COWIC
Fiscal Administrator cdphe_nsbfiscal@state.co.us. Time studies are:
a. Monthly or quarterly time studies, depending on negotiated timeframe.
b. A requirement whereby each employee charged to the WIC reimbursement
invoices tracks time worked on the following COWIC activities:
i. Nutrition Education
ii. Breastfeeding Support
iii. Clinic Services
iv. Administration
4. The Contractor shall participate in fiscal monitoring activities no less frequently than
biennially to allow COWIC Program staff to determine whether the local agency has:
a. adequate control over funds
b. an effective accountability system
c. complies with State rules and Federal Regulations
d. The Contractor shall respond to the COWIC fiscal office within the
timeframe requested in writing by providing documentation including:
i. Forms
ii. Receipts
iii. Accounting system records
iv. Written policies and procedures
v. Other necessary documentation to support costs charged to COWIC
as determined by the COWIC fiscal office.
e. The Contractor shall respond to the COWIC Fiscal Unit via email within the
written timeline requested in response to questioned costs or findings of
noncompliance.
i. The Contractor shall submit a written plan of correction to the
COWIC fiscal office within 30 days of notification.
5. The Contractor shall participate in local agency program monitoring activities no less
frequently than biennially to evaluate all aspects of the local agency COWIC Program
including:
a. program management
b. nutrition education
c. participant services
d. civil rights compliance
e. accountability
f. retailer participation
g. food delivery
h. The Contractor shall complete required forms/reports within the timeframe
requested by the COWIC Program
Task Order No. 2025*0240 9 of 12
i. Attend monitoring and site visit sessions
j. Respond to findings/issues identified during the monitoring via email to the
assigned COWIC Nutrition Consultant
i. Submit a written plan of action and
ii. Include target dates for resolution and/or
iii. Education plan for staff
k. Meet minimally for one follow up, 90 days to 6 months post monitoring date
i. Meet for any additional follow-ups and/or reviews as the COWIC
nutrition consultant determines necessary based on the number and
severity of findings during the monitoring
Primary Activity #5
The Contractor shall provide local agency support of the COWIC Vendor and Farmer
Management requirements per Section 1 - Vendor and Farmer Management of the Colorado
WIC Policy & Procedures.
Sub-Activities #5
1. The Contractor shall assign an employee as a Local Agency Retail Coordinator
(LARC).
2. The LARC shall work with the COWIC Program on vendor store activities,
including:
a. Training retailers within their service areas
b. Compliance with program regulations
3. The LARC shall respond to participant concerns and vendor issues, notifying COWIC
Program staff in the Benefit Delivery Unit (BDU).
4. The Contractor shall submit upon request a 3-year retail routine monitoring plan for
stores within their service area as identified by the COWIC State Office.
5. The Contractor shall reply with a corrective action plan within 10 days of the retail
visit for a retailer identified as having violations.
Standards and
Requirements
1. The content of electronic documents located on CDPHE and non-CDPHE websites
and information contained on CDPHE and non-CDPHE websites may be updated
periodically during the contract term. The Contractor shall monitor documents and
website content for updates and comply with all updates.
2. The Contractor shall be an authorized COWIC local agency, including the application
for authorization and continued authorization as issued by the COWIC Program at
CDPHE.
3. The Contractor shall administer the COWIC program to qualified participants
according to specifications outlined in:
a. Colorado WIC Policy & Procedures (updated annually)
b. COWIC Program policy letters
c. Federal Fiscal Rules and Regulations of Grant Management
4. IT support (with direction from the COWIC Program) shall include:
a. Ordering equipment, as directed by the COWIC Program.
b. Setting up equipment and downloading the MIS.
c. Setting up multi-function printers, card readers and PIN pad devices for
EBT, and signature pads.
Task Order No. 2025*0240 10 of 12
d. Ensuring that no local system changes or upgrades are made to the COWIC
computers without first verifying that the upgrades are compatible with the
MIS.
e. Setting up either:
i. Secure email address
ii. The ability to encrypt messages as needed
5. The Contractor shall maintain a computer equipment inventory that includes:
a. Computer Model
b. Serial Number
c. Date purchased
d. Acquisition Cost
e. Warranty Expiration
f. Computer Location
6. As specified in the Colorado WIC Policy & Procedures the COWIC Program and its
contracting agencies must make a fair hearing available to any individual whose
application for benefits or services meets the following criteria:
a. has been denied
b. reduced
c. terminated
d. who is otherwise aggrieved by agency action
7. The MIS Access Request Form shall be submitted to the COWIC Help Desk at the
COWIC Program as required in the Colorado WIC Policy & Procedures.
8. The COWIC Program at CDPHE will:
a. Conduct program and fiscal monitoring in accordance with the current
Colorado WIC Policy & Procedures
b. Provide access to local agency data including monthly caseload reports.
c. Provide nutrition education training.
d. Provide access to online nutrition education and electronic materials for use
by COWIC participants.
e. Provide guidance on federal program regulations.
f. Provide funding for allowable COWIC-related expenses, including:
i. Computers
ii. COWIC-approved travel
iii. COWIC-approved conferences/meetings
g. Provide annual budget templates.
9. The Contractor shall keep on file and have available for review, audit and evaluation:
a. A copy of this contract
b. All records required in the current Colorado WIC Policy & Procedures
c. Accounting documentation for all funds received and expended pursuant to
this contract
d. Detailed computer inventory records
e. Complete and accurate retail records for each retailer within their service
areas
Task Order No. 2025*0240 11 of 12
f. Fair hearing or other service complaint documentation
Expected Results of
Activity(s)
Maintain the COWIC Program’s operational functionality at the local level in compliance with
standards for implementation and operation of the USDA FNS WIC Program.
Measurement of Expected
Results
The COWIC Program at CDPHE will review monthly caseload reports, the annual Nutrition
Education Plan evaluation, and results of fiscal and program monitoring activities to determine
program performance and effectiveness.
Completion Date
Deliverables
1. The Contractor shall attend a post-award meeting
Not later than 30
days from contract
execution
2. The Contractor shall submit an evaluation of the previous
year’s Nutrition Education Plan.
October 31
3. The Contractor shall submit an annual budget
November 30
4. The Contractor shall submit an annual Nutrition Education
Plan.
September 30
5. The Contractor shall submit monthly or quarterly time studies. Due by the 20th of
the month following
the period
6. The Contractor shall submit a 3-year retail monitoring plan Upon Written
Request
7. The Contractor shall provide written plans for continuation of
service if staff absence/turnover negatively impacts required
services.
Upon Written
Request
8. The Contractor shall submit MIS Access Request Forms for
all employees
Upon Hire
Upon Attrition
III. Monitoring:
CDPHE’s monitoring of this contract for compliance with performance requirements will be conducted throughout the contract
period by the WIC contract specialist, nutrition consultant and benefit delivery team. Methods used will include a review of
documentation determined by CDPHE to be reflective of performance to include nutrition education plans, invoices, site visit
results, electronic data, and other fiscal and programmatic documentation as applicable. The Contractor’s performance will be
evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at
the end of the life of the contract.
IV. Resolution of Non-Compliance:
The Contractor will be notified in writing within 30 calendar days of discovery of a compliance issue. Within 15 calendar days
of notification, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify
the compliance issue and determine when the action(s) must be completed. The action(s) and timeline for completion will be
documented in writing and agreed to by both parties. If extenuating circumstances arise that require an extension to the
timeline, the Contractor must email a request to the WIC contract specialist and receive written approval for a new due date.
The State will oversee the completion/implementation of the action(s) to ensure timelines are met and the issue(s) is resolved.
If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its
rights under the provisions of this contract. Failure to adhere to all contract deliverables and terms may result in additional
Task Order No. 2025*0240 12 of 12
monitoring or reporting requirements and/or performance management plans, up to and including revocation of authorization
and annual contract funding.
Exhibit C
Task Order No. 2025*0240
BUDGET
To Contract Dated 10/01/2024 - Contract Routing Number 2025*0240
Contract - FFY 2025 Budget (October 1, 2024 – September 30, 2025) $216,577.00
TOTAL CONTRACT $216,577.00
Page 1 of 4
Task Order No. 2025*0240 Ver. 25.02.20
Exhibit D
Federal Provisions - Special Supplemental Nutrition Program for Women, Infants and Children
For the purposes of this Exhibit only, Contractor is also identified as “Subrecipient.” This Contract has
been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the
provisions of these Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or
any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental
Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental
Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), the FFATA
Supplemental Provisions shall control.
1) Federal Award Identification.
a. Subrecipient: Board of County Commissioners of Eagle County
b. Subrecipient Unique Entity Identification Number:
• SAM Unique Entity ID (UEI): GDB1EPFH8JR9
c. The Federal Award Identification Number (FAIN) is 253CO701W1003
d. The Federal award date is 10/1/2024.
e. The subaward period of performance start date is 10/1/2024 and end date is 9/30/2025.
f. Federal Funds:
Federal Budget Period Total Amount of Federal
Funds Awarded
Amount of Federal Funds
Obligated to CDPHE
10/01/24 - 09/30/25 $23,000,000 $23,000,000
g. Federal award title of project or program: Special Supplemental Nutrition Program for
Women, Infants and Children.
h. The name of the Federal awarding agency is: United States Department of Agriculture
(“USDA”) and the contact information for the awarding official is Kevin Dunn, FNS
Mountain Plains Regional Office, 303-844-0317; the name of the pass-through entity is the
State of Colorado, Department of Public Health and Environment (CDPHE), and the contact
information for the CDPHE official is Heidi Hoffman, CO WIC Director,
heidi.hoffman@state.co.us.
i. The Catalog of Federal Domestic Assistance (CFDA) number is 10.557 and the grant name is
Women, Infants & Children.
j. This award is not for research & development.
k. Subrecipient is not required to provide matching funds. In the event the Subrecipient is
required to provide matching funds, Section 8 of this Attachment applies.
l. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2
CFR §200.414 Indirect (F&A) costs) is pre-determined based upon the State of Colorado and
CDPHE cost allocation plan.
Page 2 of 4
Task Order No. 2025*0240 Ver. 25.02.20
2) Subrecipient shall at all times during the term of this contract strictly adhere to the requirements under
the Federal Award listed above, and all applicable federal laws, Executive Orders, and implementing
regulations as they currently exist and may hereafter be amended.
3) Any additional requirements that CDPHE imposes on Subrecipient in order for CDPHE to meet its
own responsibility to the Federal awarding agency, including identification of any required financial
and performance reports, are stated in the Exhibits.
4) Subrecipient’s approved indirect cost rate is as stated in the Exhibits.
5) Subrecipient must permit CDPHE and auditors to have access to Subrecipient’s records and financial
statements as necessary for CDPHE to meet the requirements of 2 CFR §200.331 Requirements for
passthrough entities, §§ 200.300 Statutory and National Policy Requirements through §200.309
Period of performance, and Subpart F—Audit Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of
this Attachment.
7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other
reports to CDPHE no later than 45 calendar days after the period of performance end date or sooner
termination of this Contract containing an evaluation and review of Subrecipient’s performance and
the final status of Subrecipient’s obligations hereunder.
8) Matching Funds. Subrecipient shall provide matching funds as stated in the Exhibits. Subrecipient
shall have raised the full amount of matching funds prior to the Effective Date and shall report to
CDPHE regarding the status of such funds upon request. Subrecipient’s obligation to pay all or any
part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient
and paid into the Subrecipient’s treasury or bank account. Subrecipient represents to CDPHE that the
amount designated as matching funds has been legally appropriated for the purposes of this Contract
by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by
this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this
Contract is not intended to create a multiple-fiscal year debt of the Subrecipient. Subrecipient shall not
pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Subrecipient’s laws or policies.
9) Record Retention Period. The record retention period previously stated in this Contract is replaced
with the record retention period prescribed in 2 CFR §200.333.
10) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during
Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR §200.501.
11) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Contract:
a. Office of Management and Budget Circulars and The Common Rule for Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, as applicable;
b. when required by Federal program legislation, the “Davis-Bacon Act”, as amended (40 U.S.C.
3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”);
c. when required by Federal program legislation, the Copeland “Anti-Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Page 3 of 4
Task Order No. 2025*0240 Ver. 25.02.20
Subcontractors on Public Building of Public Work Financed in Whole or in Part by Loans or
Grants from the United States”).
d. 42 U.S.C. 6101 et seq., 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination);
e. the “Americans with Disabilities Act” (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111
- 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47
U.S.C. 225 and 47 U.S.C. 611);
f. when applicable, the Contractor shall comply with the provisions of the “Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments” (Common Rule);
g. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as
amended by §6062 of Public Law 110-252, including without limitation all data reporting
requirements required there under. This Act is also referred to as FFATA.
h. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act
of 1964, as amended.
i. 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 comply with 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.
j. where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
k. 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 an agreement with a small business firm
or nonprofit organization, 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.
l. the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
m. if applicable, comply with the mandatory standards and policies on energy efficiency
contained within the State of Colorado’s energy conservation plan issued in compliance with
the Energy Policy and Conservation Act, 42 U.S.C. 6201.
n. the Contractor and all principals are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency; the Contractor and all principals shall comply with all
applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189)
and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension;
and,
o. the Contractor shall comply where applicable, the Byrd Anti-Lobbying Amendment (31
U.S.C. 1352).
12) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management
and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for
Page 4 of 4
Task Order No. 2025*0240 Ver. 25.02.20
Federal Awards. Any revisions to such provisions automatically shall become a part of these
Supplemental Provisions, without the necessity of either party executing any further instrument.
CDPHE may provide written notification to Subrecipient of such revisions, but such notice shall not
be a condition precedent to the effectiveness of such revisions.
13) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which
reflect applicable State, local, and Tribal laws and regulations, provided that the procurements
conform to applicable Federal law and the standards identified in the Uniform Guidance, including
without limitation, §§200.318 through 200.326 thereof.
14) Certifications. Unless prohibited by Federal statutes or regulations, CDPHE may require
Subrecipient to submit certifications and representations required by Federal statutes or regulations on
an annual basis (2 CFR §200.208). Submission may be required more frequently if Subrecipient fails
to meet a requirement of the Federal award. Subrecipient shall certify in writing to CDPHE at the end
of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR
§200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the
Contract must be adjusted.
15) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for
Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339
and CDPHE may terminate the Contract in accordance with the provisions in the Contract.
16) Close- Out. Subrecipient shall close out this Contract within 45 days after the End Date. Contract
close out entails submission to CDPHE by Subrecipient of all documentation defined as a deliverable
in this Contract, and Subrecipient’s final reimbursement request. If the project has not been closed by
the Federal awarding agency within 1 year and 45 days after the End Date due to Subrecipient’s
failure to submit required documentation that CDPHE has requested from Subrecipient, then
Subrecipient may be prohibited from applying for new Federal awards through the State until such
documentation has been submitted and accepted.
17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal
awarding agency or CDPHE to disallow costs and recover funds on the basis of a later audit or other
review. Any cost disallowance recovery is to be made within the record retention period.
EXHIBIT END
