biddoc.pdf

RFP-26-27 Page 1 of 19 Revised November 2022

Solicitation Number: 26-27

Solicitation title: Window Replacement & Storm Windows

Issued : September 8, 2026

Question deadline: September 24, 2026, 12 PM on www.bidnetdirect.com/colorado Please only enter one question per line #.

Proposal will be received until: October 8, 2026, 12 PM on www.bidnetdirect.com/colorado Please submit (1) pdf with the contractor’s name as the 1st word in the document name.

Goods or services to be delivered to or performed at: Arapahoe and Adams County

Administrative questions not related to scope: Sophia Morlan Purchasing Agent Email Address: SMorlan@arapahoegov.com

Contact with the requesting department may result in Contractor disqualification.

Documents included in this package: Request for Proposal Appendix A – 10 CFR Part 440 Appendix B - Appendix A to Part 440

Appendix C – CEO WAP PY26 Policy Binder Appendix D – 100 A1, Colorado Field Guide

THE FOLLOWING INFORMATION MAY BE FOUND ON THE COUNTY PURCHASING WEB SITE:

• Arapahoe County General Terms and Conditions

• Federal Funding additional Terms and Conditions

• Sample Service Agreement

• Arapahoe County Purchasing Website

If any new tariffs, duties, or similar government-imposed charges or increases to existing tariffs, existing duties or similar existing government-imposed charges, affect the products outlined in this proposal prior to equipment shipment, a detailed explanation and documentation of costs impacted (freight, import duties, or specific material increases) that support any tariff surcharges shall be provided to the County for approval prior to ordering the products.

Purpose:

The purpose of this Solicitation is to provide qualified Entity(s)/Contractor(s) with sufficient information regarding the County's needs to adequately prepare and submit a response for the pricing of Window Replacement and Storm Windows to be offered July 1, 2026, through June 30, 2027, for the DOE Weatherization Assistance Program for Low-Income Persons (WAP). There is no specific number of Contractors to be selected. Rather, this Request for Qualifications is a process designed to provide Arapahoe County staff with a list of current services and pricing that can be utilized to fulfill the WAP production requirements for Arapahoe and Adams Counties.

Arapahoe County Finance Department Purchasing Division

5334 South Prince Street Littleton, Colorado 80120

REQUEST FOR PROPOSAL

COVER SHEET

http://www.bidnetdirect.com/colorado mailto:SMorlan@arapahoegov.com https://www.arapahoeco.gov/Finance/purchasing/General%20Terms%20and%20Conditions.pdf https://www.arapahoeco.gov/Finance/purchasing/Federal%20Funds%20Terms%20and%20Conditions.pdf https://www.arapahoeco.gov/Finance/purchasing/2022%20Sample%20Service%20Agreement.pdf https://www.arapahoeco.gov/your_county/county_departments/finance/purchasing.php

RFP-26-27 Page 2 of 19 Revised November 2022

APPLICABILITY. These General Terms and Conditions apply, but are not limited, to all bids, offers, proposals, qualifications, and quotations (hereinafter referred to as “Responses”) made to Arapahoe County (hereinafter referred to as “County”) by all prospective responders (herein after referred to as “Contractors”) in response, but not limited, to Requests for Bids, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitations”).

GENERAL TERMS AND CONDITIONS. Contractors are required to submit their Responses in accordance with the following expressed conditions:

1. Contractors shall make all investigations necessary to thoroughly inform themselves regarding the facilities affected by the delivery of materials, equipment, and services. No plea of ignorance by the Contractor of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements or the compensation to the Contractor. The County will not be responsible for any expenses incurred by any Contractor in preparing and submitting its Response.

2. Contractors are advised that all County contracts are subject to all legal requirements contained in County Rules and Policies and Colorado State and Federal Statutes. When conflicts between this Solicitation and these legal documents occur, the highest authority shall prevail.

3. Successful Contractors shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws applicable to, and affected by, any awarded agreement.

4. Venue. Colorado law, rules, and regulations shall be applied in the interpretation, execution, and enforcement of this Solicitation and any awarded Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Solicitation and any awarded Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in Arapahoe County.

5. Variations and Exceptions. Contractors are required to state exactly what they intend to furnish to the County via this Solicitation and must indicate any variances to the terms, conditions, and specifications of this Solicitation no matter how slight in a separate electronic file submitted with the Response before the solicitation submission deadline. If variations are not stated in a file submitted before the solicitation deadline, it shall be construed that the Contractor’s Response fully complies with all conditions identified in this Solicitation. Contractors who qualify their Responses by requiring alternate contractual terms and conditions must include such alternate terms and conditions in their Offers. The County reserves the right to declare Contractors’ Responses as non-responsive if any of these alternate terms and conditions are in conflict with the County's terms and conditions, or if they are not in the best interests of the County.

6. Non-appropriation. Financial obligations of the County payable after the current fiscal year are contingent on funds for that purpose being appropriated or otherwise made available by the Arapahoe Board of County Commissioners. The County’s obligations under any awarded Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the County within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR) pursuant to C.R.S.§ 29-1-110. The awarded agreement will automatically terminate on January 1st of the first fiscal year for which funds are not appropriated. The County shall give the Contractor written notice of such non-appropriation.

7. Protection of Personal Identifying Information. In the event any awarded Agreement includes or requires the County to disclose to Contractor any Personal Identifying Information as defined in C.R.S. § 24- 73-101, Contractor shall comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service providers.

Arapahoe County Finance Department Purchasing Division

5334 South Prince Street, Room 480 Littleton, Colorado 80120

GENERAL TERMS AND CONDITIONS

RFP-26-27 Page 3 of 19 Revised November 2022

8. No indemnification by Arapahoe County. The County is prohibited under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Any term included in any awarded Agreement that requires the County to indemnify or hold Contractor harmless; requires the County to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property shall be void ab initio. Any term included in any awarded Agreement that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under any awarded Agreement, and no insurance policy shall be interpreted as being subject to any limitations of liability of any awarded Agreement.

9. Indemnification. Contractor shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees, agents, and assignees (the “Indemnified Parties”) as required under any awarded Agreement. Contractor’s obligation to indemnify, and to provide any extended insurance coverage where applicable, shall survive the completion of the scope of services, and shall survive the termination of any awarded agreement.

a. Confidential Information Indemnification. Disclosure or use of any County confidential information by Contractor may be cause for legal action by third parties against Contractor, the County, or their respective agents. Contractor shall indemnify, defend, and hold harmless the Indemnified Parties as required under any awarded agreement.

b. Intellectual Property Indemnification. Contractor shall indemnify, save, and hold harmless the Indemnified Parties in relation to any claim that any deliverable, good or service, software, or work provided by Contractor under any awarded Agreement (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right as required under any awarded Agreement. Contractor’s obligations shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is (a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or

(d) is reasonably expected to be used in combination with the IP Deliverables.

10. Confidential information. Contractors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the Solicitation submission documents. Comingling is not acceptable. The County does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. Any information that will be included in any resulting awarded agreement cannot be considered Confidential Information. Under no circumstances may submission pricing information be considered Confidential Information. In the event a formal agreement is entered into with the County and a portion of the Response carries a designation indicating the Contractor believes it is Confidential Information, then the County agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Contractor. By submission of its /Response, Contractor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act 6 C.R.S. §§24-72-101 et seq. and any other applicable law. Further, Contractor agrees to assume the obligation to defend, hold harmless, and indemnify the Indemnified Parties in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Contractor’s objection.

11. Arapahoe County intends and expects that the contracting processes of the County and its Contractors provide equal opportunity without regard to disability, race, creed, color, sex, religion, sex, sexual orientation, religion, age, national origin, ancestry, or any other characteristic protected by law.

Accordingly, the Contractor and their sub-contractors shall not discriminate on any of the foregoing grounds in the performance of any awarded agreement.

12. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence of Arapahoe County, its departments, boards, commissions, committees, bureaus, offices, employees, and officials shall be governed by the provisions of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (CGIA). No term or condition of the Agreement shall be construed or interpreted

RFP-26-27 Page 4 of 19 Revised November 2022 as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the CGIA.

13. Tax exempt. Contractors shall not include federal, state, or local excise or sales taxes in prices offered, as the County is exempt from payment of such taxes. Materials purchased directly by the Contractor in conjunction with this contract will, however, be subject to applicable state and local sales taxes. The Contractor shall bear these taxes. Under no circumstances shall Contractor be authorized to use the County’s tax exemption number in acquiring such materials.

The County shall not be liable for the payment of any excise, sales, or use taxes. Arapahoe County is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) and from State and local government sales and use taxes under §§39-26-704(1), et seq.

14. Independent Contractor. Contractor shall be considered an independent contractor. An independent contractor is not entitled to worker’s compensation benefits and will be obligated to pay federal and state income tax on any monies earned pursuant to the contract relationship. Notwithstanding any provision appearing in any awarded agreement, all personnel assigned by the Contractor to provide services under the terms of such agreement shall be and remain at all times employees of the Contractor or employees of their respective employers for all purposes. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable.

15. By submitting its Response, Contractor warrants and certifies that he/she is eligible to submit a Response because he/she is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department or agency.

16. The County logo is trademarked and property solely of Arapahoe County. Contractors do not have permission to use the County logo on any documentation or presentation materials and to do so would be a violation of the trademark. It is also preferred that your company does not utilize its trademark as to not influence an evaluator’s evaluation.

17. Failure to Perform. The County may, by written notice to the successful Contractor, terminate any awarded agreement if the Contractor has been found to have failed to perform its service in a manner satisfactory to the County as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The County shall be the sole judge of non-performance.

18. Rejection of Offers. The County may, at its sole discretion reject any and all, or parts of any or all, Offers submitted by prospective Contractors including, but not limited to, the following conditions:

The County chooses to re-advertise this Solicitation.

The County postpones or cancels the solicitation process.

Where the Contractor misstates or conceals any material fact in its Offer.

When an offer that does not strictly conform to the law or the requirements of this Solicitation.

Offer is missing documents, including, but not limited to, certificates, licenses, and/or samples, which are required for submission with the Offer; or Where communication is initiated by the Contractor or on a Contractor’s behalf regarding this

Solicitation to or with any County official or employee during the submission process, except as expressly set forth in this Solicitation. Prohibited communications initiated by a Contractor shall be grounds for eliminating the offending Contractor from consideration for award.

An Offer may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to the County upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the County.

An Offer may not be accepted from, nor any contract awarded to, any person or firm which has failed to faithfully perform any previous contract with the County, state, or federal government, for a minimum period of three years after that previous contract was terminated for cause.

RFP-26-27 Page 5 of 19 Revised November 2022

SPECIAL TERMS AND CONDITIONS.

1. Purpose of Solicitation: Arapahoe County is issuing this Solicitation for the purpose of entering into agreements for Window Replacement and Storm Windows for the DOE Weatherization Assistance Program for Low-Income Persons (WAP). It is understood and agreed that the County may, during the term of the awarded agreement, request additional services be performed by the successful Contractor(s) at other locations within the County. This option, if exercised, is the prerogative of the County and shall be honored by the Contractor(s) throughout the contract period. No guarantees are made that additional services will be requested.

2. Prices proposed by the Contractor shall remain fixed and firm during the term of the awarded agreement. The term shall commence upon the date specified in the awarded agreement or purchase order and shall remain in effect until such time as all items/services purchased in conjunction with this Solicitation have been delivered and accepted by the County's authorized representative. It shall be understood and agreed that any warranty period which exceeds this term shall remain in full force for the duration of the warranty period.

3. Option to Renew for Subsequent Years: The prices or discounts quoted in this Solicitation shall prevail for one year from the effective date of the contract, at which time the County shall have the option to renew the contract for four (4) additional one-year periods; provided that the Contractor provided satisfactory performance during the contract period. Continuation of the awarded agreement beyond the initial period is a County prerogative and not a right of the Contractor. During the option period, the County will consider an adjustment to the pricing structure. For consideration, the Contractor must document that it was subject to a price adjustment by the product manufacturer or a direct wholesale supplier. Any price adjustments shall not exceed the amount being passed on.

4. Contractors are prohibited from directly or indirectly communicating with the Arapahoe County

Board of County Commissioners regarding their qualifications or any matter related to the eventual award of a contract for the good and/or services requested in this Solicitation. Contractors are prohibited from contacting County employees or evaluation committee members regarding their qualifications or the award of a contract unless in response to an inquiry from an employee or committee member as part of the formal evaluation process outlined in the Solicitation. Any violation of these provisions may result in the Contractor’s immediate disqualification from the selection process.

5. Due to the service level required in conjunction with this Solicitation, the Contractor may be required to maintain an office within the Metro Denver, Colorado, area. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the awarded agreement. Metro Denver consists of the City and County of Denver, City and County of Broomfield, Adams County, Boulder County, Douglas County, Larimer County, El Paso County, and Gilpin County, Colorado.

6. Inspection of the Contractor’s facility may be made prior to award of the agreement. Solicitations will only be considered from firms which are engaged in the business of performing services as described in this Solicitation. The Contractors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded an agreement.

7. In its Response, Contractor shall be required to identify any and all sub-contractors that will be used in the performance of an awarded agreement resulting from this Solicitation. Contractor shall also identify the capabilities, experience, and portion of the work to be performed by any sub-contractor(s). The competency of the sub-contractor(s) with respect to skill, responsibility, and business standing will be considered by the County when making the award in the best interest of the County.

8. Responses to this Solicitation are considered to be working documents while they are under consideration and, as such, are not subject to official bid openings. The only information released at the public opening of Responses to this Solicitation will be the names of the respondents. Only after staff makes http://en.wikipedia.org/wiki/City_and_County_of_Denver%2C_Colorado http://en.wikipedia.org/wiki/City_and_County_of_Denver%2C_Colorado http://en.wikipedia.org/wiki/Adams_County%2C_Colorado http://en.wikipedia.org/wiki/Adams_County%2C_Colorado http://en.wikipedia.org/wiki/Douglas_County%2C_Colorado http://en.wikipedia.org/wiki/Gilpin_County%2C_Colorado

RFP-26-27 Page 6 of 19 Revised November 2022 an official recommendation of award and an agreement is fully executed will Responses to this Solicitation be available as public record.

9. Cooperative Purchasing. The County encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that any member of MAPO/CEPC/Colorado governmental agency be permitted to avail itself of any awarded agreement and purchase, as specified by the awarded agreement resulting from this Solicitation, at the contract prices established therein. Each governmental entity shall establish its own contract, issue its own orders, be invoiced directly, make its own payments, and issue its own exemption certificates as required. It is understood and agreed that the County is not a legally binding party to any other contractual agreement made between another governmental entity and the successful Contractor as a result of this Solicitation. The County shall not be liable for any costs or damages incurred by any other entity.

10. Software Piracy Prohibition. The County or other public funds payable under any awarded agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of any awarded agreement and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the County determines that Contractor is in violation of this provision, the County may exercise any remedy available at law or in equity or under the awarded agreement, including, without limitation, immediate termination of the agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.

11. Insurance. Contractor agrees to procure and maintain, during the life of any awarded agreement, a policy, or policies of insurance against all liability, claims, demands, and other obligations assumed by the Contractor. Contractor shall procure and maintain, during the life of the agreement, for itself and any sub- Contractor, the minimum insurance coverages required by the awarded agreement. The certificate of insurance provided by the selected Contractor shall be completed by the Contractor’s insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect and shall be reviewed and approved by the County prior to commencement of the agreement. No other form of certificate shall be used. The certificate shall identify awarded agreement and the coverages afforded under the policies. The certificate of insurance must be on file with the County prior to commencement of the agreement. The completed certificate of insurance must be sent to:

Jhanadu Garza, Risk Manager JGarza@Arapahoegov.com 5334 S. Prince St.

Littleton, CO 80120

FEDERAL FUNDS.

1. Federally funded projects (in whole or in part) shall be handled within the laws, rules, and regulations as promulgated by the United States Government, which includes Public Law http://uscode.house.gov; Code of Federal Regulations (CFR) codification of the general and permanent rules and regulations https://www.ecfr.gov, but is not limited to: Title 2: Grants and Agreements: Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F Appendix II and Uniform Grant Guidance as amended.

2. Federal Compliance - This Solicitation will be funded, in whole or in part, with an award of federal funds.

Contractor shall comply with all applicable federal laws, regulations, and requirements. These include but are not limited to compliance with the following laws and regulations:

1) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If this Agreement is in excess of $100,000 and involves the employment or mechanics or laborers, Contractor must comply with provisions of 40 U.S.C. 3702, as supplemented by Department of Labor regulations (29 CFR Part 5).

mailto:JGarza@Arapahoegov.com

RFP-26-27 Page 7 of 19 Revised November 2022

2) Rights to Inventions Made Under a Contract or Agreement. If this Agreement is an agreement with a small business firm or nonprofit organization for performance of experimental, developmental, or research, Contractor must comply with the requirements or 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.

3) Clean Air Act (42 U.S.C. 7401 – 7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387). If this Agreement is in excess of $150,000, the Contractor is required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act as amended (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 of the federal funds for this Agreement and the Regional Office of the Environmental Protection Agency (EPA).

4) Debarment and Suspension (Executive Orders 12549 and 12689). The County is prohibited to from entering into this Agreement with a party listed on the government wide 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.

5) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). If this Agreement is for compensation in excess of $100,000, Contractor must file the required certification with the County that it will not and has not used Federal appropriated funds received by the Contractor to pay any person or organization for influencing or attempting to influence an officer or employee or any agency, a member of Congress, officer or employee of Congress, or an employee or a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor must also disclose to the County any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

6) Procurement of Recovered Material (2 CFR CH. II §200.322). Contractor must 1) 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 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; 2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and 3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

7) Equal Employment Opportunity. If this Agreement is a construction contract Contractor is required to 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 11246, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and Implementing regulations at 41 CFR part 60, “Office or Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

8) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). If this Agreement is prime construction contract in excess of $2,000, Contractor is required to comply 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”).

RFP-26-27 Page 8 of 19 Revised November 2022

ADMINISTRATIVE INFORMATION.

1. Arapahoe County officially distributes Solicitation documents through the Rocky Mountain E- Purchasing System Bidnetdirect.com/Colorado. Copies of solicitations obtained from any other source are not considered official copies. Only those Contractors who obtain Solicitation documents from the Rocky Mountain E-Purchasing System will be in receipt of officially posted and relevant information regarding solicitations issued by the County. The County cannot be held responsible for incorrect information, nor can it attest to the accuracy of information, found on websites other than the Rocky Mountain E-Purchasing System.

2. Questions which arise during the Response preparation period regarding issues around this

Solicitation, purchasing, and/or award should be directed electronically, via the Rocky Mountain E- Purchasing system. Contractor submitting the question(s) shall be responsible for ensuring that the question(s) is received by the date and time listed above for consideration. Please only enter one question per line on the Bidnetdirect.com/Colorado web site.

3. The County shall issue a written addendum if substantial changes which impact the technical submission of Responses are required. Addenda will be posted on the Rocky Mountain E-Purchasing System web site (Bidnetdirect.com/Colorado). Contractors are responsible for revisiting this website prior to the Solicitation due date.

4. Contractors may offer a cash discount for prompt payment. If the Contractor does not enter a percentage discount, it is hereby understood and agreed that the County will typically pay net 30, however, for this contract payment terms shall be stated as net forty five (45) days, effective on the date that the County receives an accurate invoice or accepts the products, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check or electronic transfer.

5. Prices, quotes, and deliveries are to be FOB destination, freight prepaid, and shall require inside delivery unless otherwise specified in the Solicitation’s Special Terms and Conditions. Title and risk of loss shall pass to the County upon inspection and acceptance by the County at its designated point of delivery, unless otherwise specified in the Special Terms and Conditions. If the Contractor defaults on its contract or the contract is terminated for cause due to performance, the County reserves the right to re-procure the materials or services from the next lowest Contractor or from other sources during the remaining term of the terminated/defaulted contract.

6. Method of Award - Best Evaluative Score Based on Written Response. The County is a best value agency. The intent of the County to award this Solicitation to the responsive responsible proposer that meets or exceeds the specifications and requirements as determined by the County's Evaluation Committee.

If it is in the best interest of the County, the Evaluation Committee may invite a limited number of

Contractors who received the highest scores during the written phase to provide an oral presentation and discussion. The number of Contractors who may be invited to participate in this discussion will be determined by the Evaluation Committee at its sole discretion.

The County reserves the right to conduct negotiations with Contractors and to accept revisions of

Responses. During this negotiation period, the County will not disclose any information derived from Responses submitted, or from discussions with other Contractors. Once an award is made, the Solicitation file and Responses contained therein are in the public record.

7. Eligibility of Vendors – Minimum Years of Experience and Operational Facilities Required – Pre-award inspection of the Vendor's facility may be made prior to award of the contract. Responses will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services as described in this Solicitation for a minimum period of TWO (2) years prior to the date of this Solicitation. The Vendors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment and organization to ensure that they can satisfactorily execute the services if awarded a contract.

RFP-26-27 Page 9 of 19 Revised November 2022

The term equipment and organization as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the County. The County reserves the right, before awarding the contract, to require a Vendor to submit such evidence of its qualifications as it may deem necessary, and may consider any evidence available to it (including, but not limited to, the financial, technical and other qualifications and abilities of the Vendor, including past performance and experience with the County) in making the award in the best interest of the County.

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RFP-26-27 Page 10 of 19 Revised November 2022

I. BACKGROUND

As of April 2025, Arapahoe County has a population of 656,061 people which includes 253,890 households. Arapahoe County spans 806 square miles. The western part of the County is mostly urban with residential, retail, office and industrial areas, while the eastern portion is mostly rural. Littleton, our County seat, along with Aurora, Bennett, Bow Mar, Centennial, Cherry Hills Village, Columbine Valley, Deer Trail, Englewood, Foxfield, Glendale, Greenwood Village and Sheridan make up the 13 incorporated communities of Arapahoe County. There are nine school districts within the county and 450 local improvement and service districts. Within the County these special districts provide Arapahoe County residents with a variety of attractive residential choices, excellent parks, greenbelts and trail systems, and public utilities, including water, storm water and sanitation services.

The County is governed by an elected Board; the Board of County Commissioners. They oversee the County by serving as an administrative and policy-making body. The five-member Board approves the budget, hires staff, oversees land-use planning and development and administers county services.

The County employs 2,766 employees who provide services to the citizens of Arapahoe County. Seventeen offices/departments make up the County structure. The Sheriff’s Office is our largest office consisting of 843 employees. Arapahoe County maintains 1,265 miles of roads.

II. SCOPE OF WORK AND DELIVERABLES

The Arapahoe County Weatherization Division is seeking qualified Contractor(s) to provide pricing for the weatherization services specified below. Contractor(s) may provide pricing on any or all of the services they offer that are included in this Window Replacement & Storm Windows RFQ. It is estimated that Arapahoe County Weatherization will serve 400 households, approximately 20% of which may require window replacement or storm windows if deemed cost-effective via DOE-approved energy audit software and may be subcontracted to one or more qualified Contractors for the grant fiscal year July 1, 2026 through June 30, 2027.

Arapahoe County Weatherization Division (ACW) will provide Contractor(s) with contact information including name, address and contact number, of pre-qualified households eligible for free Window Replacement & Storm Windows through the DOE Weatherization Assistance Program (WAP).

Contractor(s) will be responsible for scheduling services with eligible customers, performing specified weatherization services at the property, and submitting all required forms, invoices and paperwork to

ACW.

The DOE Weatherization Assistance Program for Low-Income Persons is grant-funded on an annual basis, and as such, the term of any subsequent Agreement(s) and/or Contract(s) is based on the continuation and availability of grant funding.

III. REQUIRED DOCUMENTATION

Failure to provide the required documentation may result in the disqualification of your submittal.

1. The Contractor may be required to maintain an office within the Metro Denver, Colorado, area.

i.e. - Provide Certificate of Good Standing or Secretary of State registration showing address.

Arapahoe County Finance Department Purchasing Division

5334 South Prince Street, Room 480 Littleton, Colorado 80120

SPECIFICATION FORM

RFP-26-27 Page 11 of 19 Revised November 2022

IV. Required Energy Conservation Measure (ECM) – Provide installed material and labor costs for window services as determined by the County.

• Prime Window Replacement, and Storm Window Manufacture and Installation:

o Contractor should include average response time and completion time with bid.

• Provide additional information and history such as:

o Services provided for the cost;

o Sample window costs;

o Quality and / or brand of installed product;

o Any restrictions such as territory, services not provided, response time, etc.

• Window Replacement and Storm Windows are subject to “Savings-to-Investment” (SIR) cost-effectiveness per DOE calculations. The allowable SIR of 1.0 or greater is based on individual measure cost, R-values, related heating costs, construction type, material, etc., and is determined using the DOE-approved energy auditing software, Weatherization Assistant 8.6.

• Weatherization Assistant 8.6 (NEAT/MHEA) – may be used to determine Savings-to- Investment cost-effectiveness of service, and is available for download and use, free of charge.

• The Weatherization Assistant Program (WAP) pre-approved client homes are occupied.

Therefore, Contractor shall close window openings (properly, and in a secure manner) between service calls, should more than one visit be necessary.

• Window examples given in this Solicitation are for price comparison only, and are not exclusive conditions typically encountered. Pricing submitted by Contractor should be based on pricing for similar conditions. Actual prices for windows not listed will be derived from estimates provided by the Contractor at no charge to the County.

1. STORM WINDOWS

Interior single-pane, vinyl frame storm windows over existing single-pane prime windows must seal tightly and operate in a manner compatible with the existing window.

Final, cumulative R-value must be verified by the manufacture/installer, and represent total of all window components Bid prices for Storm Window measures determined to be cost-effective must represent total installed price, including applicable lead-safe work practices, as well as:

o Manufacturing or purchase;

o Removal or modification of existing;

o Installation of new.

2. PRIME WINDOWS

Bid prices for Prime Window measures must represent total installed price, including applicable lead-safe work practices, as well as:

o Manufacturing or purchase;

o Removal or modification of existing;

o Installation of new;

o A proper, watertight fit, including flashing and sealing;

o Insulation around the window;

o Must be finished to be compatible with interior and exterior materials.

V. LEAD-SAFE WORK

o Any work that disturbs a painted surface, regardless of size of area, age of house, or any EPA exceptions, etc., requires compliance with Lead-Safe Work Practices as defined by DOE Weatherization and the Governor’s Energy Office program policies.

o The cost of material and labor required to comply with Lead-Safe Work Practices shall be charged separately from the costs of the related measures.

o Lead-Safe compliance costs may not be factored into Savings-to-Investment (SIR) calculations of the measure, but will be applied for the sake of comparing costs between contractors.

o Contractors shall be required to comply with all requirements for Lead Safe Work Practices.

Proof of Lead Safe Work certification must be provided.

http://207.188.207.153/sp.asp?id=9631

RFP-26-27 Page 12 of 19 Revised November 2022 o Information on certification and training for Lead Safe Work may be obtained by contacting the National Lead Information Center at 1-800-424-LEAD (5323) or on the Internet at http://www.epa.gov/lead/ and https://focalpoint.state.co.us/sites/ESP/Docs (copy and paste url into your browser and use Authentication information: User Name: policies & Password: policie$1234).

VI. ADDITONAL WORK

Additional work not listed in this Solicitation, nor listed on work order, may be required due to unforeseen structural or health and safety problems. Please quote a person/hour charge for miscellaneous work required.

VII. HEALTH AND SAFETY

o Weatherization services must be provided in a manner that minimizes risks to workers, clients, and clients’ homes.

o Weatherization services may not begin until health and safety problems, beyond the scope of the GEO WX program, are removed.

o The Contractor must strive to assure that his/her work scope maintains or improves indoor air quality.

o A state-certified inspector must inspect structures and components that are being disturbed, and are suspected to contain asbestos.

• Client Health and Safety o It is the Contractor’s responsibility to comply with applicable Federal and State laws.

o Building owners and clients must be notified of any health or safety problems that require weatherization work to be terminated.

o Repair of moisture problems, which could degrade or diminish the effectiveness of weatherization measures, is required prior to work continuing.

o Contractors are required to follow procedures to protect clients from hazardous materials and dust associated with weatherization work.

• Safe Materials Installation o Product bid solicitations should include language describing the manner in which the product will be used, and should include language that states that products offered in the bid response must be appropriate for that use.

o Contractors must install such products in accordance with the manufacturer's directions.

o Contractors must take precautions or waive work if the client's health could be adversely affected.

• Staff Health and Safety o It is the agency’s responsibility to initiate and maintain programs comply with Occupational

Health and Safety Act Regulations (29 CFR 1910 & 1926), and any other applicable Federal and State laws enacted to protect worker safety.

o Weatherization services must be provided in a manner that minimizes risk to workers.

o Subcontractors are required to follow procedures set forth in the GEO WX Field Standards, and to meet DOE Health and Safety requirements.

VIII. CONTRACTOR SELECTION FOR SUBSEQUENT CONTRACTS

• Only Contractors who participate in this Request for Proposal will be eligible for any

Agreement(s) or Contract(s) resulting from this Solicitation.

• Any Contract(s) or Agreement(s) awarded subsequent to this Solicitation are subject to the

General Terms and Conditions, the Special Terms and Conditions and the Specifications outlined in the Arapahoe County Finance Department Purchasing Division document ACG Terms & Conditions.

• Any Contract(s) or Agreement(s) awarded subsequent to this Solicitation will be based on the acceptance of terms and conditions outlined in the sample Agreement for Services (Attachment A).

IX. MANDATORY REQUIREMENTS

• Contractors shall have any required licenses in all municipalities within Arapahoe and http://www.epa.gov/lead/ https://focalpoint.state.co.us/sites/ESP/Docs

RFP-26-27 Page 13 of 19 Revised November 2022

Adams counties.

• When required, Contractor will obtain all necessary permits and licenses from the building department, prior to actual installation.

• Contractor will provide all labor and materials to properly perform work described on individual Work Orders generated by Arapahoe County, for each residence.

• Contractor shall maintain the confidentiality of all eligible clients served. In accordance with the Privacy Act of 1974, Subcontractors shall be responsible for the privacy of all data disclosed to them as necessitated by their involvement in this program.

• Contractor shall conduct background checks on all employees entering a citizen’s home, at contractor’s sole expense, and provide any reports upon request to ACW.

• Contractor shall agree to attend all pertinent training sessions as deemed necessary by Arapahoe County and /or the Governor’s Energy Office (GEO).

• Contractor must have a local office open Monday through Friday, 8-5.

• Contractor will have three (3) weeks upon receipt of a work order to complete the designated project and submit an invoice for payment.

• Invoices submitted by Contractor will be authorized for payment only after all required forms and documents have been submitted to ACW, and Arapahoe County staff verifies that all work is completed and conforms to current GEO WX Field Work Standards.

• Go-backs and callbacks required solely due to Contractor error will be performed promptly, and Contractor will be responsible for all associated expenses. Should go-backs and callbacks exceed the total allowed by ACW, the Contractor will be subject to probationary action, and/or financial compensation to ACW for additional man-hours required to close out the job.

• Contractor shall document and immediately notify ACW of all health and safety hazards including, but not limited to: electrical hazards, fire hazards, structural hazards, moisture issues and air quality concerns (carbon monoxide levels, gas leaks, asbestos, lead, unsealed and blocked ducts, etc.) If repair of said health and safety hazard is within the scope of Contractor’s assigned work, Contractor shall, in addition to documentation and notification, repair the hazard and document the labor and materials required.

• Contractor shall register as a vendor on Bidnet.com, i.e., Rocky Mountain ePurchasing System (http://www.govbids.com/scripts/CO1/public/info/regoptions.asp) to access Arapahoe County Solicitations, attachments, addendums and updated information. If you have any problems with registering, please contact BidNet @ 1-800-677-1997 ext 214.

• Contractor shall maintain liability and workman’s compensation insurance with Arapahoe County Government listed as a Certificate Holder, and shall provide proof of said insurance coverage. Contractor will be required to carry Pollution Occurrence Insurance (POI) should Contractor’s scope include work involving lead-based paint. Information regarding POI may be found at: http://www.waptac.org/sp.asp?mc=what_poi.

• Contractor shall not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Contractor shall not enter into any contract or subcontract in connection with this Contract with a party that has been debarred or suspended from contracting with the Federal Government or the State of Colorado. See Excluded Parties List System at https://www.epls.gov/.

• All energy conservation measures must meet a Savings-to-Investment Ratio (SIR) of 1.0 or higher using the DOE-approved energy audit software: Weatherization Assistant 8.6 (i.e., NEAT/MHEA). Weatherization Assistant versions 8.4 through 8.6 are allowed for this program.

SIR Compliance instructions: To insure compliance with the required SIR of 1.0 or greater, prior to submission of pricing in response to this Solicitation, Contractor is advised to download the DOE-approved Weatherization Assistant 8.6 software and run typical job scenarios with Contractor’s pricing inserted into the “Library Measures” tab, which is found under the “Setup Library” button on the home screen of the program.

Once downloaded, refer to the User’s Manual, or press the “F1” key while the curser is in the field box for which you have a question.