ESBD_421680_1747752670271_RFA-25-190-WAP-Assistance Program.pdf

RFA-25-190-WAP-Assistance Program

Request for Application Weatherization Assistance Program

Procurement Department 2700 NE Interstate 410 Loop, Suite 101

San Antonio, TX 78217 Office (210) 362-5302

Fax (210) 225-5937

RFA Release Date: May 20, 2025, 2025 @ 10:00 AM

Response Deadline: December 15, 2025, @ 4:00 PM

RFA Links: https://www.aacog.com/bids.aspx https://www.txsmartbuy.com/esbd

Notice: Prospective Respondents who receive this document from a source other than AACOG should immediately contact AACOG and provide their name, company, and email address in order that an addendum to the RFA or other communication can be delivered. Any prospective proposer who fails to provide the agency with this information assumes complete responsibility for complete submission requirements.

https://www.aacog.com/bids.aspx https://www.txsmartbuy.com/esbd

TABLE OF CONTENTS

Acronyms and Definitions

PART 1.0 – SCOPE OF REQUEST

1.1 - Purpose of Request for Application (RFA)

1.2 - Background Information

1.3 - Scope of Work

1.4 - General Work Requirements………………………………………

1.5 - Contractor Requirements…

1.6 - Procurement Standard

PART 2.0 - SUBMISSION INFORMATION

2.1 - Response Deadline

2.2 - Procurement Schedule

2.3 - Technical Assistance

2.4 - Availability of Request for Application

2.5 - Proprietary Information & Texas Public Information Act

PART 3.0 – GENERAL INFORMATION & ANDMINISTRATIVE REQUIREMENTS

3.1 - Eligible Providers

3.2 - Contract Information

3.3 - Governing Provisions and Limitations

3.4 - Administrative Requirement and Limitations

PART 4.0 – RESPONSE REVIEW AND SELECTION PROCESS

4.1 - Evaluation Process

4.2 - Response Evaluation Criteria

4.3 - Application Narrative …………………………………………………..21

4.4 - Procurement Dispute Resolution

PART 5.0 – APPLICATION RESPONSE REQUIREMENT

5.1 - Number of Application

5.2 - Application Format…

5.3 - Application Validity Period

5.4 - Page Limitation

5.5 - Order of Application Contents

PART 6.0 – APPLICATION RESPONSE FORMS

6.1 – Program Selection

6.2 - Application Title Page

6.3 - Application Narrative

6.4 - Certification Sheet

6.5 - Acknowledgement Form

6.6 - Conflict of Interest Questionnaire

6.7 - Certification Regarding Debarment

6.8 - Non-Discrimination Certification

6.9 - Certification Regarding Lobbying

6.10 - Bidder/Contractor List Request

6.11 – H.U.B. Certification Disclosures

ATTACHMENTS, APPENDIX, EXHIBIT

Attachment A – Program Selection Attachment B – Title Page … Attachment C – Certification Sheet…………………… ....……………… Attachment D – Acknowledgement Form … Attachment E – Conflict of Interest Questionnaire Attachment F – Certification Regarding Debarment ……………… Attachment G – Non-Discrimination Certification … Attachment H – Certification Contracts, Grants, Loas, Cooperatives … Attachment I – Request to Be Added to Bidder/Vendor List………… Appendix A – Housing for Texas Heroes Exhibit A – Weatherization Standard Price List Exhibit B – Tools and Equipment List Exhibit C – Amy Young Barrier Removal and Homes for Texas Heroes Exhibit D – 2025 Assessment Pricing List

Acronyms and Definitions

Abbreviation Definition Abbreviation Definition

RFA Request for Application ANSI American National Standards Institute

AACOG Alamo Area Council of Governments ASTM American Society for Testing and

Materials International

AYBR Amy Young Barrier Removal IEEE Institute of Electrical and Electronics

Engineers

H4TH Homes for Texas Heroes NFPA National Fire Protection Association

WEA Weatherization SRCC Solar Rating and Certification

Corporation

HUB Historically Underutilized Businesses UL UL (formerly Underwriters

Laboratories)

DSE Disadvantaged Business Enterprise TVC Texas Veteran’s Commission

VET Veteran ASHRAE American Society of Heating, Refrigeration, & AC Engineers

DOE Department of Energy CAZ Combustion Appliance Zone

TDHCA

Texas Department of Housing and community Affairs CFR Code of Federal Regulations

LIHEAP

Low Income Home Energy Assistance

Program OAG Office of Attorney General

WAP Weatherization Assistance Program LBP Lead Based Paint

ECM Energy Conservation Measure RRP Remodeling and Painting Rule

SOW Scope of Work DOW Description of Work

HVAC Heating, Venting, and Air Conditioning GPM Gallons Per Minute

CO Carbon Monoxide GPF Gallons Per Flush

NTP Notice to Proceed LPF Liters Per Flush

IDIQ

Indefinite Delivery, Indefinite Quantity

Contract BTU British Thermal Unit

AHAM

Association of Home Appliance

Manufacturers kBTU kilo British Thermal Unit

UPC Universal Product Code K thousand

IEEE

Institute of Electrical and Electronics

Engineers IPC International Plumbing Code

RFA-25-190-WAP-Assistance Program 5

PART 1.0 – SCOPE OF REQUEST

1.1 PURPOSE OF REQUEST FOR APPLICATION (RFA)

Introduction The Alamo Area Council of Governments (AACOG) is soliciting Applications from qualified contractors to provide energy conservation and accessibility renovation services within the applicable service area for the Amy Young, Homes for Texas Heroes, and Weatherization programs administered by the Alamo Area Council of Governments (AACOG). Work will be performed in single-family and multi-family units for the AACOG Weatherization Assistance Program (WAP) commencing May 1, 2025 and ending December 31, 2025 contingent upon AACOG approval, and funding availability.

AACOG accepts applications for qualifications from firms to provide the following services:

A. Provide low-income, eligible clients with energy-efficiency retrofit services B. Provide home accessibility modifications for people with disabilities.

C. Provide home modifications and/or home repairs for Veterans.

1.2 BACKGROUND INFORMATION

1.2.1 Alamo Area Council of Governments (AACOG)

AACOG is a voluntary association of municipal and county governments, and special districts located in Bexar County and the surrounding thirteen counties. Established in 1967 under Chapter 391 of the Local Government Code of Texas, AACOG operates as a political subdivision of the state. It serves its members by facilitating planning, information dissemination, and coordination activities. AACOG covers the Alamo Area/State Planning Region 18, encompassing 13 counties and spanning 12,582 square miles. The counties within the planning region are Atascosa, Bandera, Bexar, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Medina, McMullen, and Wilson. Veteran Directed Care program covers a total of 21 counties that are covered by the South Texas Veterans Healthcare System (Audie L. Murphy Memorial Veterans Hospital and Kerrville VA Hospital), including those listed above and Bee, Blanco, Kinney, Hays, Real, Travis, Uvalde, and Val Verde counties.

1.2.2 It is AACOG’s policy to treat all persons, potential members, vendors, contractors, subcontractors, providers, suppliers, and others fairly, equitable, and non-discriminatorily.

AACOG employees, as public servants, will execute their duties in a fair and legal manner, avoiding actual or perceived conflicts of interest.

1.2.3 Funding Sources

Funding for this RFA is from the United States Department of Energy (DOE) Weatherization Assistance Program (WAP), the Texas Department of Housing and Community Affairs (TDHCA) Low Income Home Energy Assistance Program (LIHEAP), Amy Young Barrier Removal (AYBR) Program, Texas Veteran’s Commission (TVC), and Texas Department of Health and Human Services (HHSC). AACOG expects to award multiple contracts for services in the AACOG region.

RFA-25-190-WAP-Assistance Program 6

1.3 SCOPE OF WORK

1.3.1 Weatherization Assistance Program (WAP) Work Description

WAP work includes, but is not limited to the installation of attic, wall, and floor insulation;

replacement and/or repair Heating, Venting, and Air Conditioning (HVAC) systems, including central systems and duct work; central and vented wall furnaces, removal of unvented space heaters; venting items to code; removal and replacement of window A/C unites; replacement of refrigerators; gas stoves and water heaters; replacement and/or repair of windows, doors or storm windows; installation of solar screens; weather-stripping, caulking, and other air infiltration reduction measures. Other items may include tub surround work, door adjustments, jamb-ups, minor roof repairs, sheetrock work, installation of gas and electrical lines, digital thermostats, smoke and carbon monoxide (CO) detector installation etc.

1.3.2 Amy Young Barrier Removal (AYBR) and Homes for Texas Heroes (H4TH) Bid Process The Amy Young Barrier Removal (AYBR) program allows for home modifications that increase accessibility, eliminate life-threatening hazards and correct unsafe conditions for eligible homes. Modifications include, but are not limited to ramps, grab bars, door widening, and bathroom modifications. AACOG qualifies family and home eligibility. A third-party vendor and/or AACOG conducts energy audits. AACOG issues a Scope of Work (SOW) to the contractor and a Prebid meeting is held at the project site. Contractors are required to attend the Prebid meeting. The Contractor utilizes the SOW and Prebid meeting to create the bid Application and submit to AACOG. AACOG selects and awards the winning bid to the contractor. The AYBR and H4TH Programs General Work Specifications EXHIBIT C. The AYBR and H4TH Material Installation Standards web link is in Section 1.4.20, (42) (43) of this RFA.

1.3.3 WAP Bid Process

AACOG qualifies family and home eligibility. A third-party vendor and/or AACOG conducts energy audits. AACOG defines, creates, and assigns the work order to a contractor. Costs are determined by AACOG.

1.3.4 Work Assessment

AACOG will perform the majority of work associated with assessing homes to determine eligibility for WAP programs. See Exhibit D Assessment Pricing List. Occasionally, AACOG will use third-party contractors to assess home eligibility to expedite the process.

Assessment includes blower door testing, duct testing, refrigerator metering, combustion appliance zone testing, plus mandatory camera photographs of walls and anomalies, recommended measures in conformity with LIHEAP Priority list, client questionnaire, floor plan with windows and door sizes, attic inspection, wall inspection, Combustion Appliance Zone (CAZ) zone test, appliance specifications sheet, blower door datasheet, American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE)

62.2 2016 calculator, duct blower data sheet, refrigerator calculator, refrigerator replacement form, acknowledgement of burglar bar removal, window unit replacement calculator, acknowledgment of refusal of weatherization work measures (if applicable), notes to the auditor, Energy Conservation Education, Unified Weatherization Elements Notification, Mold-Like Substance Notification and Release Form, and Systematic Alien form.

1.3.5 All work must comply with all applicable policies, procedures, and regulations of federal, state, and AACOG documents attached and/or referenced in this RFA for the Amy Young, RFA-25-190-WAP-Assistance Program 7

Homes for Texas Heroes, and Weatherization programs managed by AACOG. Contractor understands and agrees that any work performed under this RFA is done pursuant to either a State or Federally funded program with detailed specifications and requirements that MUST be strictly adhered to and faithfully followed in all respects. Contractor must use only materials which meet or exceed the standards prescribed by referenced or attached documents to this RFA.

1.3.6 A "Notice to Proceed" shall be generated to the Contractor that has been awarded the project. The notice to proceed will contain a start date and an anticipated completion date (As dictated by the Program Manager and/or assigned representative in writing). The Notice to Proceed is the official written authorization indicating that a Contractor has been awarded the project. Contractor shall not begin any work until receiving AACOG’s written Notice to Proceed.

1.3.7 Project Budget

Maximum anticipated funds, per AACOG approval, available per project:

A. WAP funded customers – $12,000.00 budget per project B. AYBR funded customers – $20,000.00 budget per project C. H4TXH funded customers – $20,000.00 budget per project

1.4 General Work Requirements:

The contractor must recognize the special needs and concerns of low-income, elderly and handicapped clients and must ensure that clients are at all times treated respectfully and professionally. The contractor’s staff must conduct themselves in a professional manner at all times.

1.4.1 The contractor must be licensed, certified and prepared to adhere to Lead Safety Practices when performing work on older housing stock. Contractors should expect unannounced monitoring of records and work sites by AACOG staff as well as various agencies from the U.S. Government and the State of Texas. All work will be inspected by an AACOG Inspection Professional prior to invoicing.

1.4.2 Upon completion of a project, the contractor must remove all debris from the job site and dispose of it in a proper and responsible manner.

1.4.3 The contractor will take all precautions necessary to protect all existing trees, shrubbery, plants, sidewalks, buildings, vehicles, etc., in the work area.

1.4.4 The contractor is responsible for adhering to the Lead Safe Weatherization. Practices as outlined in the Lead Safe Weatherization Jobsite Handbook by Montana State University Extension Service.

1.4.5 The work must be completed in a timely and expeditious manner. The contractor is expected to provide monthly progress reports to AACOG indicating work schedule and work status. AACOG will provide the contractor with an energy audit or listing of all the work measures authorized to be performed by the contractor on the particular dwelling unit.

The contractor (work crew supervisor) is responsible for advising AACOG of any recommended changes; however, no changes will be authorized or paid for by AACOG without AACOG’s prior written approval. Failure of the contractor to perform the work in accordance with the energy audit or instructions provided by AACOG will be grounds for termination of the weatherization contract.

1.4.6 The contractor and its subcontractors are considered independent contractors and shall indemnify and hold harmless AACOG, AACOG Weatherization staff and weatherization clients from all claims arising out of work performed.

1.4.7 The contractor must furnish all labor and on-site supervision pursuant to completion of

RFA-25-190-WAP-Assistance Program 8 weatherization activities within the identified AACOG service area.

1.4.8 Contractor must rebuild, repair, restore and make good at his/her own expense all injury and damage to same which may result from work being performed under this contract.

1.4.9 The contractor’s field staff or assigned work crew must be proficient and trained in the proper installation of comprehensive weatherization measures and use and application of weatherization diagnostic equipment and tools. Contractor must complete Tools and Equipment List Form (Exhibit B).

1.4.10 The weatherization work measures may include work requiring the professional expertise or skills of a licensed HVAC company, plumber or electrician. The contractor is responsible for ensuring that this be provided. If the contractor chooses to subcontract this type of work, prior written approval from AACOG is required. Subcontractors are subject to the same standards as the general contractor. Therefore, financial capacity, compliance applicable laws, rules and regulations, installation standards, etc., will be required of subcontractors as well. Contractor is responsible for the payment and management of any subcontractors they employ. AACOG will not be charged separately for any type of subcontractors cost or required equipment necessary to perform construction or tests.

1.4.11 Contractor is responsible for any job-related illness or injury to workers in their employment and/or weatherization clients and shall indemnify and hold harmless AACOG personnel and weatherization clients in the event an on-the-job illness or injury occurs.

1.4.12 41 CFR Parts 60-1, 60-2, 60-3, 60-4, 60-20, and 60-50 outline the obligations of federal contractors and subcontractors related to equal employment opportunity. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment qualified protected veterans, qualified individuals with disabilities and all individuals without regard to race, color, religion, sex, or national origin.

1.4.13 MATERIAL REQUIREMENTS

AACOG will not be billed for materials transportation or delivery costs. Materials must be new and in good condition. AACOG will not be charged for items, which are damaged prior to or during installation, or wasted or unused (excess/leftover) materials.

1.4.13.1 All materials furnished by contractor must meet applicable U.S. Department of

Energy (DOE) standards and must comply with the Texas Department of Housing & Community Affairs (TDHCA) materials standards set forth in the (SWS) Standard Work Specifications, and (Appendix A). Materials must be new and in good condition. AACOG will pay only for those materials which meet applicable standards and which are acceptably and properly installed on eligible dwelling units.

1.4.13.2 Contractors are responsible for documenting standards for the installation of materials pursuant to the federal Weatherization Assistance Program.

Documentation must be complete and legible and will include photographs of all ECM’s installed, documenting serial numbers, model numbers, efficiency ratings and other specifications.

RFA-25-190-WAP-Assistance Program 9

1.4.14 REQUIRED TESTING

The contractor is required to conduct blower door tests prior to, during, and after the work (air sealing) has been completed. The air exchange rate must satisfy the desired range as prescribed by AACOG. The contractor must also conduct a carbon monoxide test on all combustion appliances in each dwelling.

1.4.14.1 When ambient CO levels exceeding 9 ppm (parts per million) are detected the contractor will disregard all air-sealing requirements and notify AACOG prior to initiating weatherization activities. Should active knob-and-tube wiring be discovered during the pre-installation assessment, the contractor must immediately contact AACOG prior to the installation of any weatherization measures.

1.4.15 QUALITY REQUIREMENTS

The contractor must rebuild, repair, restore and make good at his/her own expense all injury and damage to same which may result from work being performed under this contract.

1.4.15.1 The contractor must own an acceptable refrigerant recovery unit and must dispose of any recaptured refrigerant as required by local code and/or state law.

1.4.16 INSPECTION and REPORT REQUIREMENTS

The contractor is responsible for correcting any work deficiencies identified by the AACOG Inspection Professional. Deficiencies may include quality of workmanship, size of HVAC systems, incomplete work, etc. Failure to take required corrective action within a reasonable time period (5-7 working days) may result in termination of the contract. The contractor is also responsible to guarantee his/her work. Therefore, any calls from clients regarding problems with installed materials, equipment or appliances are required to be under a one-year warranty by the contractor. Any problems of this nature will require the contractor to return to the dwelling unit for corrective action at no cost to AACOG or the client. Uncorrected penalties will be deducted from monthly pay applications.

1.4.16.1 Building Weatherization Report

The contractor will submit a Building Weatherization Report (BWR) only for those units fully completed and ready for AACOG’s Final Inspection.

Following passing the Final Inspection, the contractor will be contacted and directed to submit the invoice(s) to AACOG in a regular and timely manner for payment. The contractor must designate a financial/administrative point of contact for accounting purposes.

1.4.16.2 Amy Young and Homes for Texas Hero Program Penalties The undersigned Contractor understands and agrees that time is of the essence in the performance of the work the Contractor has been engaged to perform. The contractor further agrees that a penalty of Forty Dollars ($40.00) per day shall be held for each and every day the contracted work remains unfinished beyond the agreed-upon completion date for said work.

Delays caused by rain or other inclement weather that prevent the performance of the contract, delays caused by circumstances beyond the control of the Contractor, such as shipping delays and material shortages, and/or instances of Force Majeure shall not be penalized. It is the Contractor’s responsibility to document these delays and submit this documentation to the appointed Program representative. The contractor

RFA-25-190-WAP-Assistance Program 10 agrees to guarantee all work for a minimum period of one year from the original completion date. The contractor shall, within (5) business days of notification, correct any valid discrepancies or exceptions identified either by AACOG or any of its funding sources or monitoring agencies, i.e., the U.S. Department of Energy (DOE), the U.S. Department of Housing & Urban Development (HUD), State Energy Conservation Office (SECO), TDHCA, the U.S. Environmental Protection Agency (EPA), the Texas Veterans Commission (TVC), the U.S. Department of Labor (DOL), etc.

Uncorrected penalties will be deducted from monthly pay applications.

1.4.16.3 Weatherization Program Penalties

The contractor is responsible for correcting any work deficiencies identified by the AACOG Quality Control Inspector. Deficiencies may include quality of workmanship, size of HVAC systems, incomplete work, etc. Failure to take required corrective action within five (5) working days may result in termination of the contract. The contractor is also responsible for guaranteeing all work performed. Therefore, any calls from clients regarding problems with installed materials, equipment, or appliances are required to be under a one-year warranty by the Contractor. Any problems of this nature will require the contractor to return to the dwelling unit for corrective action at no cost to AACOG or the client. A one hundred dollar ($100.00) first instance inspection fee shall be paid by the Contractor to AACOG to conduct an inspection of the corrective action. A two hundred fifty ($250.00) re-inspection fee will be assessed should AACOG need to conduct a second Inspection of the dwelling unit as a result of contractor deficiencies.

Thereafter, a two hundred fifty ($250.00) fee will be assessed to the contractor for each subsequent re-inspection that AACOG is required to conduct in order to obtain a passing Final Inspection. Uncorrected penalties will be deducted from monthly pay applications.

1.4.17 Build America Buy American (BABA)

For work performed under the WAP program, the Infrastructure Investment and Jobs Act (Public Law 117-58), also referred to as the Bipartisan Infrastructure Law (BIL), provides funding for the Department of Energy’s (DOE) Weatherization Assistance Program (WAP). BIL established a domestic content procurement preference for all federal financial assistance obligated for infrastructure projects after May 14, 2022, known as Build America, Buy America (BABA). BABA applies to BIL-DOE AND regular DOE formula grant contracts (EX: PY23).

1.4.17.1 Only weatherization on public housing, or on privately owned buildings that serve a public function are required to comply with the BABA requirements.

1.4.17.2 Public housing” means currently owned by a public entity (government— county, city, state, etc.; PHA; HOME; USDA; etc.); it does NOT mean publicly supported (EX: tax credit). Tax records and single audit information can be used to confirm ownership.

1.4.17.3 Additional guidance received regarding “privately owned buildings that serve a public function”:

1.4.17.4 Common multifamily complex situations: privately owned; duplex or four-plex, or two- or three-story buildings with 5- 30 units per building; rent is covered

RFA-25-190-WAP-Assistance Program 11 per individual unit by the individual households; no common space to be weatherized – BABA does NOT apply.

1.4.18 Davis-Bacon Act (DBA)

APPLICATION OF WAGE RATE REQUIREMENTS TO WEATHERIZATION

ASSISTANCE PROGRAM

For work performed under the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) on a project assisted in whole or in part by funding made available under subsection (a), the requirements of section 41101 shall apply only to work performed on multifamily buildings with no fewer than 5 units. Accordingly, per part (b) above, any BIL-funded weatherization work on multifamily buildings with no fewer than 5 units will be required to pay wages to all laborers and mechanics engaged in the construction, alteration, or repair of those multifamily buildings (whether employed by a contractor or subcontractor) wages “at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor.” Current Wage Determinations are accessible at Wage Determinations | SAM.gov

1.4.19 SERVICE AREA

The Service Area, by funding, for this RFA includes Kerr, Gillespie, Comal, Bandera, Medina, Bexar, Wilson, Atascosa, Karnes, Wilson, Frio, McMullen, and Guadalupe counties.

1.4.19.1 Weatherization – not to include McMullen County

1.4.19.2 Amy Young – to include McMullen County

1.4.19.3 H4TXH –

1.4.20 AUTHORITY

1) 10 CFR Part 440 - DOE Weatherization Asst. for Low-Income Persons

2) 10 CFR Part 440 Appendix A – Standards for Weatherization Materials https://www.law.cornell.edu/cfr/text/10/appendix-A_to_part_440

3) 10 CFR Part 600 – DOE Financial Assistance Rules https://www.law.cornell.edu/cfr/text/10/part-600

4) 10 TGC Chapter 2306 – State and Local Economic Develop. Programs https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2306.htm

5) 18 USC 874 – Kickbacks from Public Works Employees https://www.law.cornell.edu/uscode/text/18/874

6) 29 CFR Part 3 – USDL – Contractors & Subcontractors US Grants https://www.govinfo.gov/content/pkg/CFR-2013-title29-vol1/xml/CFR- 2013-title29-vol1-part3.xml

7) 33 USC 1368 Section 508 – Clean Water Act https://www.epa.gov/laws-regulations/summary-clean-water-act

8) 40 CFR Part 15- Environmental Protection Agency https://www.law.cornell.edu/cfr/text/40/chapter-I

9) 41 CFR Part 60 – Obligations of Contractors and Subcontractors https://www.law.cornell.edu/cfr/text/41/part-60

10) 42 USC 6861 Part A – Weatherization Asst. for Low-Income Persons https://www.law.cornell.edu/uscode/text/42/6861

11) 42 USC 8621 – Home Energy Grants https://www.law.cornell.edu/uscode/text/42/8621

12) 42 USC 7401-7671 Section 306 – Clean Air Act https://sam.gov/wage-determinations https://sam.gov/wage-determinations http://www.law.cornell.edu/cfr/text/10/appendix-A_to_part_440 http://www.law.cornell.edu/cfr/text/10/part-600 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2306.htm http://www.law.cornell.edu/uscode/text/18/874 http://www.govinfo.gov/content/pkg/CFR-2013-title29-vol1/xml/CFR-http://www.epa.gov/laws-regulations/summary-clean-water-act http://www.epa.gov/laws-regulations/summary-clean-water-act http://www.law.cornell.edu/cfr/text/40/chapter-I http://www.law.cornell.edu/cfr/text/41/part-60 http://www.law.cornell.edu/uscode/text/42/6861 http://www.law.cornell.edu/uscode/text/42/8621

RFA-25-190-WAP-Assistance Program 12 https://www.govinfo.gov/content/pkg/USCODE-2010- title42/html/USCODE-2010-title42-chap85.htm

13) 45 CFR Part 96 – Block Grant https://www.law.cornell.edu/cfr/text/45/part-96

14) Amy Young Material Installation Standards https://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf

15) Approved Weatherization Materials Not Listed in CFR Part 440

16) Code Compliance Ord. to Jurisdiction of Contractor Perform WAP Work

17) Contract Work Hours & Safety Act Sections 103 & 107 https://www.law.cornell.edu/cfr/text/29/1926.11

18) DOE – National Renewable Energy Laboratory Standard Work Spec. https://sws.nrel.gov

19) DOE Energy Code Climate Zones https://basc.pnnl.gov/images/iecc-climate-zone-map

20) Executive Order 11738 – Clean Air Act & Fed Wt. Pollution Control. Act https://www.archives.gov/federal-register/codification/executive- order/11738.html

21) Federal System for Award Management Federal Disbarment List https://www.sam.gov/portal/SAM/#1

22) LIHEAP Priority List – Texas Dept. of Housing & Community Affairs

23) TAC Title 10 Part 1, Chapters 2/5, Subchapters A/E/G – Comm. Develop.

24) TAC Title 40 Part 1 Chapters 80-85 – Dept. of Aging & Disability Serv.

25) TDHCA Texas Weatherization Field Guide https:https://www.tdhca.texas.gov/weatherization-assistance-program-wap-program-guidance

26) TGC Chapter 2254 – Professional and Consulting Services https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2254.htm

27) TGC Chapter 2161 – Historically Underutilized Businesses https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

28) TGC Title 5 chapter 573 – Nepotism Prohibitions https://statutes.capitol.texas.gov/Docs/GV/htm/GV.573.htm

29) TLGC Chapter 252 – Purchasing & Contracting Authority https://statutes.capitol.texas.gov/SOTWDocs/LG/htm/LG.252.htm

30) Texas LIHEAP State Plan https://www.tdhca.state.tx.us/community-affairs/ceap/docs/18-LIHEAP- State-Plan.pdf

31) Texas Residential Building Guide to Energy Code Compliance https://eepartnership.org/wp-content/uploads/2016/02/Texas-2015- IECC_5-17-16.pdf

32) Texas Residential Building Envelope Requirements

33) Texas WAP State Plan

34) UGMS - Texas Uniform Grant Management Standards https://comptroller.texas.gov/purchasing/docs/ugms.pdf

35) WAPTAC Refrigerator Guide https://nascsp.org/wap/wap-resources/best-practices/field-standards-and-guides/refrigerator-guide/

36) WAPTAC Water Heater Guide https://nascsp.org/wap/wap-resources/best-practices/field-standards-and- guides/water-heater-guide/

37) Lead Safe Weatherization Jobsite Handbook http://weatherization.org/p_links.html Texas Veteran’s Commission https://www.tvc.texas.gov/

38) Texas Office of Attorney General https://www.texasattorneygeneral.gov/

39) Texas Accessibility Standards http://www.tdlr.state.tx.us/ab/abtas.htm http://www.govinfo.gov/content/pkg/USCODE-2010-http://www.law.cornell.edu/cfr/text/45/part-96 http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf http://www.law.cornell.edu/cfr/text/29/1926.11 http://www.archives.gov/federal-register/codification/executive-http://www.sam.gov/portal/SAM/#1 https://www.tdhca.texas.gov/weatherization-assistance-program-wap-program-guidance https://www.tdhca.texas.gov/weatherization-assistance-program-wap-program-guidance https://statutes.capitol.texas.gov/Docs/GV/htm/GV.573.htm http://www.tdhca.state.tx.us/community-affairs/ceap/docs/18-LIHEAP-http://weatherization.org/p_links.html http://www.tvc.texas.gov/ http://www.texasattorneygeneral.gov/ http://www.tdlr.state.tx.us/ab/abtas.htm

RFA-25-190-WAP-Assistance Program 13

40) ADA Standards for Accessible Design (http://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf)

41) SWS Standard Work Specifications https://sws.nrel.gov/

42) AYBR Link https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=05% 2F09%2F2025&recordId=219426

43) H4TXH Link https://tvc.texas.gov/wp-content/uploads/2024/06/Appendix-2-to- Annex-B_2024-25-Housing-for-Texas-Heroes.pdf

1.5 CONTRACTOR REQUIREMENTS

1.5.1 The Contractor will be required to complete an AACOG Vendor.

1.5.2 The Contractor must ensure that clients are at all times treated respectfully and professionally.

The Contractor’s staff must conduct themselves in a professional manner at all times.

1.5.3. Contractors must be licensed, certified and prepared to adhere to agency rules when performing work.

1.5.4 The work must be completed in a timely and expeditious manner. The Contractor is expected to provide bi-weekly progress reports to AACOG indicating work schedule and work status.

1.5.5 The Contractor and its subcontractors are considered independent Contractors and shall indemnify and hold harmless AACOG, AACOG staff and program clients from all claims arising out of work performed.

1.5.6 The Federal Privacy Act of 1974 and related State law and regulation regulate the proper disclosure of individually identifiable information and/or records. Contractors must take special precautions to protect confidential information from loss, authorized use, access, disclosure, modification and destruction.

1.5.7 The performance of this RFA and all work or obligations covered by and arising out of this RFA shall be at the risk of Contractor exclusively. To the fullest extent permitted by law, Contractor shall, with respect to all work or obligations covered by or arising out of the this RFA, or the performance thereof, indemnify, hold harmless and defend AACOG and each of its officers, partners, joint venture partners, representatives and/or employees from and against any and all allegations, losses, claims, actions, demands, damages, liabilities, or expenses (including costs, expenses and attorney’s fees), arising directly or indirectly from this RFA, or the performance thereof.

1.6 PROCUREMENT STANDARD

The services solicited under this RFA are initiated by a Funding Opportunity Announcement (FOA), consistent with the Competitive Method. It is the policy of AACOG to conduct procurement in a manner that provides for full and open competition.

An award will be made only to an organization possessing the qualifications and demonstrated ability to perform successfully under the terms and conditions of a contract.

PART 2.0 - SUBMISSION INFORMATION

2.1 RESPONSE DEADLINE

The Request for Application (RFA) will be posted on May 20, 2025. The Application deadline is December 15, 2025 by 4:00 pm CST. Official receipt of Application submitted will be by entry on an application receipt log. A receipt form will be issued upon request.

Respondents who mail an Application will be sent a copy of the receipt form upon request.

http://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf) https://sws.nrel.gov/ https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=05%2F09%2F2025&recordId=219426 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=05%2F09%2F2025&recordId=219426 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=05%2F09%2F2025&recordId=219426 https://tvc.texas.gov/wp-content/uploads/2024/06/Appendix-2-to-Annex-B_2024-25-Housing-for-Texas-Heroes.pdf https://tvc.texas.gov/wp-content/uploads/2024/06/Appendix-2-to-Annex-B_2024-25-Housing-for-Texas-Heroes.pdf

RFA-25-190-WAP-Assistance Program 14

Application may be hand-delivered prior to the stated deadline between 8:00 a.m. and 5:00 p.m. Monday through Friday or mailed to the following address:

AACOG

Procurement Department 2700 NE Interstate 410 Loop, Suite 101

San Antonio, TX 78217 Attn: RFA-25-190-WAP-Assistance Program

Application submitted by mail, courier or overnight mail services will be received (Monday through Friday) at the above address. Faxed or e-mailed Application will not be accepted.

Modifications or amendments to an application must comply with the requirements and response deadline. A respondent may withdraw an application at any time during the procurement process by submitting a written request to the AACOG Procurement Department at the above address.

2.2 PROCUREMENT SCHEDULE

All time noted on the Procurement Schedule (Page 1) is Central Standard Time. Dates posted are subject to change.

2.3 TECHNICAL ASSISTANCE

2.3.1 AACOG will accept questions submitted via electronic mail.

2.3.2 An Addendum to the RFA, to include all questions received, will be delivered to all interested parties and included in archived document at the Electronic State Business Daily website.

2.3.3 No other representative of AACOG is allowed to accept or respond to questions related to this solicitation other than:

Debbie Ugarte

Contracts and Procurement Director Alamo Area Council of Governments

Procurement Department 2700 NE Interstate 410 Loop, Suite 101

San Antonio, TX 78217 dugarte@aacog.gov

AACOG RFA Secondary Point of Contact:

Isaac Jones III

Senior Procurement Analyst Procurement Department

2700 NE Loop 410, Suite 101 San Antonio, TX 78217O: 210-362-5302

Email: ijones@aacog.gov

2.3.4 During the period between the date AACOG issues this RFA and the date of the selection of the Contractors by AACOG, if any, Respondents shall restrict all contact with AACOG and direct all questions regarding this RFA, including questions regarding terms and conditions, only to mailto:dugarte@aacog.gov mailto:ijones@aacog.gov

RFA-25-190-WAP-Assistance Program 15 the individual identified above in Section “Inquiries and/or Discrepancies” in the specified manner. Do not contact members of the Board of Directors, other employees of AACOG or any of AACOG’s agents or administrators. Contact with any of these prohibited individuals after issuance of this RFA and before selection is made, may result in disqualification of the Respondent. The communications prohibition shall terminate when the contract is executed by the Contractor and AACOG.

2.3.5 Prohibited communications include direct contact, discussion, or promotion of any Respondent’s Application with any member of AACOG’s Board of Directors or employees except for communications with AACOG’s designated representative as set forth in this RFA and only in the course of inquiries, briefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Respondents, assure that decisions are made in public, and to protect the integrity of the RFA process. Except as provided in the above stated exceptions, the following communications regarding a particular invitation for bids, Requests for Application, requests for qualifications, or other solicitation are prohibited:

2.3.5.1 Communications between a potential Contractor, service provider, bidder, respondent, lobbyist or consultant and any member of AACOG’s Board of Directors.

2.3.5.2 Communications between any director and any member of a selection or evaluation committee.

2.3.5.3 Communications between any director and administrator or employee.

2.3.6 The communications prohibition shall not apply to the following:

2.3.6.1 Communications with AACOG’s purchasing agent specifically named and authorized to conduct and receive such communications under this RFA or upon the request of AACOG, with AACOG’s general counsel.

2.3.6.2 Presentations made to the Board of Directors during any duly noticed public meeting.

2.3.6.3 Nothing contained herein shall prohibit any person or entity from publicly addressing AACOG’s Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFA or in connection with a presentation requested by AACOG’s representatives.

2.4 AVAILABILITY OF REQUEST FOR APPLICATION

The RFA will be posted as noted on Page 1, RFA Links, or at the request of the proposer, by contacting procurement staff at the above fax or e-mail beginning May 20, 2025. The RFA is also available at the above address from 8:00 a.m. – 5:00 p.m., Monday through Friday (except for holidays). Any interested party receives this RFA by means other than directly from AACOG is responsible for notifying AACOG that it has received an RFA package so that when an addendum to this RFA is issued the information can be provided to all interested parties.

2.5 PROPRIETARY INFORMATION AND THE PUBLIC INFORMATION ACT

2.5.1 Because contracts are awarded by a governmental entity, all responses submitted are subject to release as public information after contracts are executed. If a Respondent believes that its response, or parts of its response, may be exempted from disclosure, the Respondent must specify page-by-page and line-by-line the

RFA-25-190-WAP-Assistance Program 16 parts of the response, which it believes, are exempt. In addition, the Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Any information that is unmarked will be considered public information and released, if requested under the Public Information Act.

2.5.2 The determination of whether information is confidential and not subject to disclosure is the duty of the Texas Office of Attorney General (OAG). AACOG must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Respondent are not acceptable.

AACOG must comply with the opinions of the OAG. AACOG assumes no responsibility for asserting legal arguments on behalf of any Respondent.

Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of the award, these documents will be available for public inspection.

PART 3.0–GENERAL INFORMATION & ANDMINISTRATIVE REQUIREMENTS

3.1 ELIGIBLE PROVIDERS

3.1.1 AACOG expects to receive Applications from multiple established and knowledgeable entities with demonstrable expertise in the tasks identified in the RFA. The proposers selected for contract award will be placed on a list of approved AACOG contractors and will be responsible for tasks outlined in the

SOW.

3.1.1.1 Contractor Eligibility and Participation Requirements

3.1.1.2 Historically Underutilized Businesses (HUBs) Participation

3.1.1.2.1 It is the policy of AACOG to encourage the participation of small and Historically Underutilized Businesses (HUBs), as defined under Texas Government Code, Chapter 2161, in contracting opportunities. AACOG has established a goal of awarding at least ten percent (10%) of the total annual contract value to HUBs. Contractors are strongly encouraged to subcontract with or otherwise engage HUBs in the delivery of services under this RFA, where feasible.

3.1.1.3 To be eligible for consideration under this RFA, Applicants must meet the following minimum qualifications:

3.1.1.3.1 The Contractor must be licensed to do business in the State of Texas.

3.1.1.3.2 The Contractor must demonstrate a minimum of three (3) years of documented experience in the implementation of Energy Conservation Measures (ECMs).

3.1.1.3.3 The Contractor must possess Lead Safety Certification for both the applicant entity and all staff who will be assigned to perform services under this contract.

3.1.1.3.4 The Contractor must own and/or maintain all tools and equipment listed in Exhibit B – Tools and Equipment List, which is attached to and made a part of this RFA.

3.1.1.3.5 Contractor shall carry adequate comprehensive general liability insurance coverage, Pollution Occurrence Liability Insurance, and motor vehicle coverage for personal injury and for property damage for

RFA-25-190-WAP-Assistance Program 17 purposes of protection against the hazards arising out of or in connection with carrying out any activities under this contract.

3.1.2 AACOG is prohibited from contracting with any entity debarred, suspended, or otherwise excluded from or ineligible for participation. Accordingly, a contract requires Contractors to certify that they are in compliance with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98-510, Participant’s Responsibilities. The Contractor must certify that to the best of its knowledge and belief that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a federal department or agency.

3.1.3 Respondents must possess the knowledge, experience and expertise, professional judgment and capacity within their organization to perform the services and activities requested under this RFA and meet high standards for public service and fiduciary responsibility.

3.2 CONTRACT INFORMATION

3.2.1 TYPE OF APPLICATION: This Request for Application will result in an indefinite delivery / indefinite quantity (IDIQ), fixed price contract, determined by demand and based on the Weatherization Standard Price list. There will be no guarantee of work assigned or awarded.

3.2.2 CONTRACT PERIOD: It is anticipated that the initial contract period will be for three (3) years, with an option for two (2) or one (1) year extensions, mutually approved annually by the vendor and AACOG Board of Directors. The maximum number of consecutive years that a contractor may provide services will be five (5) years.

3.2.3 AACOG reserves the right to terminate a contract at any time based on Contractor performance or noncompliance.

3.2.4 ADDITIONAL FUNDING: AACOG reserves the right to expand the contract to include additional tasks in the Application response that AACOG deems beneficial to the area.

3.2.5 REASSIGNMENT: In the event a Contractor fails to perform as required, AACOG reserves the right to terminate the contract early and assign the contract in whole or in part to a comparably ranked proposer/Application obtained through this procurement, subject to successful contract negotiations.

3.2.6 Within 30 days written notice by either party if Contractor shall be required to satisfactorily complete all projects in progress at the time notice is given.

3.2.7 In the event of a breach of the terms of this RFA by either party hereto that is not remedied within five (5) working days after delivery of written notice of such breach, the non-breaching party may terminate this RFA by providing ten (10) Days written notice to the other party of their intent to terminate the contract.

3.3 GOVERNING PROVISIONS AND LIMITATIONS

Violation of any of the following provisions may cause an application to be disqualified and rejected from consideration:

3.3.1 The Application, if accepted, will become the basis for the contract scope of work.

3.3.2 Respondents must submit a comprehensive Application for all services solicited.

Any Application that is not comprehensive will be deemed non- responsive.

RFA-25-190-WAP-Assistance Program 18

3.3.3 The only purpose of this RFA is to ensure uniform information in the solicitation of

Application for the procurement of identified services. This RFA is not to be construed as a purchase agreement, contract or as a commitment of any kind; nor does it commit AACOG to pay for costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by AACOG.

3.3.4 AACOG reserves the right to accept or reject any or all Application received, to cancel or reissue this RFA in part, or its entirety.

3.3.5 AACOG reserves the right to award a contract(s) for any services solicited in this RFA in any quantity AACOG determines is in its best interests.

3.3.6 AACOG reserves the right to extend, shorten, increase, or decrease any contract awarded as a result of this RFA.

3.3.7 AACOG reserves the right to request additional information, clarification of or explanation for any aspect of a response to this RFA.

3.3.8 AACOG reserves the right to waive any minor defect in the procurement process or to correct any error(s) and/or make changes to this solicitation it deems necessary.

AACOG will provide notifications of any changes in this RFA to all interested parties having requested or received a copy of this RFA.

3.3.9 AACOG reserves the right to negotiate the final terms of all contracts or agreements with selected Respondents and any such terms negotiated as a result of this RFA may be renegotiated and/or amended in order to successfully meet the needs of the regional area.

3.3.10 AACOG reserves the right to contact any individual, agency, employer, or granting agencies listed in an application, contact others who may have experience and/or knowledge of the respondent’s relevant performance and/or qualifications; and to request additional information from all respondents.

3.3.11 AACOG reserves the right to conduct on-site reviews of records, systems, procedures, including credit and criminal background checks of any entity selected for funding under this RFA. This may occur either before or after the award of a contract or agreement. Any misrepresentation of the proposer’s ability to perform as stated in the RFA response may result in the cancellation of any contract or agreement awarded.

3.3.12 AACOG reserves the right to withdraw or reduce the amount of an award or to cancel any contract or agreement resulting from this RFA if adequate funding is not received by AACOG from funding sources or due to legislative changes.

3.3.13 Respondents shall not, under penalty of law, offer or provide any gratuities, favors or anything of monetary value to any officer, board member, employee, Application evaluator, or agent of AACOG or elected official for purposes of having an influencing effect on this procurement.

3.3.14 Respondents shall not attempt in any manner to advocate for, lobby or otherwise attempt to influence ay officer, board member, employee, Application evaluator, or agent of AACOG or elected official for purposes of having an influencing effect on this procurement.

3.3.15 No officer, board member, employee, Application evaluator, or agent of AACOG shall participate in the selection, award, or administration of a contract if a conflict of interest, or potential conflict, is involved.

3.3.16 Respondents shall not engage in any activity that will restrict or eliminate

RFA-25-190-WAP-Assistance Program 19 competition.