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 American Recovery and Reinvestment Act of 2009
American Recovery and Reinvestment Act
page updated on 10/8/09
Building Code Compliance RFP Questions and Answers

Q: Task 1, Point 3: Could you give some more detail on how detailed and comprehensive a survey you see for this task?

A: Determining the baseline of enforcement on codes will help the administrator develop the roadmap to compliance, target trainings, and make recommendations for policies to be implemented or removed. The survey may be used as a tool to improve compliance and enforcement of the 2009 IECC. The more comprehensive the survey, the more information the administrator will have to tap for creating the roadmap. OEP may help developing the surveys if needed.

Q: Task 1 Point 5: Could you give some explanation on this point? How do you see this task helping to establish baseline compliance?

A: By reviewing information about energy code compliance already on file, the administrator may find trends or red flags of potential problem areas, where code officials overlook problems, where designers and builders fail to meet standards; where funding challenges undermine the best efforts. Having this knowledge will improve the roadmap to higher levels of compliance.

Q: In Task 4, there is a reference to 15 workshops. Over how long a period should this activity take place?

A: Funding for this program ends on April 30, 2012, at which time all outreach and training efforts should be complete. At minimum, the administrator should run 15 workshops. They may be run in conjunction with other programs or with partners, and more than 15 workshops are encouraged.

Q: In Task 9, could you give a little more detail on how you define "jobs created?"

A: Job creation is a very important component to all Recovery Act Programs. This particular program is mostly administrative, and so job tracking should be relatively straightforward. The administrator and any partners, subcontractors, or vendors that work on this program and receive Recovery Act funds will need to track their hours for Jobs reporting. The US Office of Management and Budget has released the following guidance about job creation and reporting from August 8, 2009:

"An estimate of the number of jobs created and jobs retained in the United States and outlying areas. At a minimum, this estimate shall include any new positions created and any existing filled positions that were retained to support or carry out Recovery Act projects, activities, or federally awarded contracts managed directly by the recipient or federal contractor. For grants and loans, the number shall include the number of jobs created and retained by sub recipients and vendor. The number shall be expressed as ''full-time equivalent'' (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the recipient or federal contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. A job cannot be reported as both created and retained. As used in this instruction, United States means the 50 States and the District of Columbia, and outlying areas…"

"A narrative description of the employment impact of the Recovery Act funded work. This narrative is cumulative for each calendar quarter and at a minimum, will address the impact on the recipient's or federal contractor's workforce (for grants and loans, recipients shall also include the impact on the workforces of sub recipients and vendors). At a minimum, provide a brief description of the types of jobs created and jobs retained in the United States and outlying areas. ''Jobs or positions created'' means those new positions created and filled, or previously existing unfilled positions that are filled, as a result of Recovery Act funding. ''Jobs or positions retained'' means those previously existing filled positions that are retained as a result of Recovery Act funding. This description may rely on job titles, broader labor categories, or the recipient's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work. ALTERNATE METHOD FOR GRANT AND LOAN RECIPIENTS: In those circumstances where the recipient employs an approved statistical methodology to generate estimates of job impact, thereby collecting data from a smaller subset of sub-recipients and vendors in order to extrapolate an estimate of job impact to all applicable sub recipients and vendors, the recipient must provide a description of the methodology used."

Q: Because New Hampshire enforces the IECC for all types of buildings, including commercial, and the RFP refers to various types of buildings, is it correct to assume that the target of 90% compliance, and the training and other programs are aimed at both residential and commercial buildings? Does 90% compliance mean that all structures, or all building departments, or both, will be 90% compliant with the 2009 IECC?

A: All new construction and renovation, including residential and commercial buildings, are required to meet or exceed the 2009 International Energy Conservation Code, affective January 1, 2010. It is currently understood that while code compliance is required, many communities do not have the means or capacity to enforce the code. It is also understood that it is unrealistic to expect all municipalities to fully enforce the 2009 IECC starting January 1, 2010. As such the goal of this program is to create a roadmap to achieve 90% compliance by 2017.

Q: On page 1 of the RFP, the first paragraph mentions "developing policy options to remove barriers." Do barriers now exist that will need to be specifically addressed and mitigated in the "road map" for establishing the initial IECC baseline compliance?

A: Barriers do exist that may be addressed or ameliorated by policy changes, either through the legislature, rule-making, or other bodies. The selected administrator is expected to make recommendations for these changes, and to provide resources including data, reports, and information gleaned from this program to inform policy makers. Many of these barriers will become apparent through the survey component of the program.

Q: Will OEP provide training facilities (sites)?

A: OEP's conference room may be available for some trainings. Other potential partners may also have space that can be shared for these trainings. OEP expects training programs to run throughout the state, in order to reach a variety of constituencies, and as such a network of partners with facilities is encouraged.

Q: Is there an expected number of days? Are lunches or beverages to be included?

A: The Department of Energy approved OEP's proposal for this program, including at least 15 workshops. More details on the workshop were not included. Bidders should balance the need to reach as many people with information about the 2009 IECC within existing budget constraints. Creative partnerships can help reduce costs.

Q: Is a new code update class on the IECC and/or a fundamentals class expected? If so, is there a specific number of days of training desired?

A: The minimum 15 training programs should definitely include updates to the IECC. The framework for the program is up to the administrator. The administrator may choose to run more than 15 training programs.

Q: Is there any estimate on the amount of unique curriculum that would be expected based on the process, audits or other baseline elements to be developed?

A: OEP recognizes that the funding for this program is limited, and as such whatever existing programs, partnerships, and resources can be tapped will strengthen the program. Additionally, it is understood that New Hampshire issues are often unique and that successful programs in other states may be more challenging to accomplish here.

Q: Will OEP provide training registration support through local stakeholders (i.e. will local PUC, building departments or others register students)? Is online registration acceptable?

A: Online registration for trainings is acceptable. OEP would not handle registration for the training programs, but could help connect the selected administrator to the local stakeholders. Registration for training programs that are held collaboratively with other partners may be handled by those partners.

Q: Is there an existing list with contact information for towns, building officials, collaborating agencies and stakeholders including the PUC and Fire Marshal offices, that will supply these data for contacting and meeting?

A: A variety of these lists exist but need to be combined into a program-specific list. OEP will help the administrator gather this information.

Q: Can you estimate the total number of the stakeholders that would need to be contacted and included in various surveys and follow-up reports to meet the goal of 90% compliance?

A: The administrator will determine who is surveyed and how large a group is needed for good sampling. OEP will help make these connections if appropriate.

Q: On page 4, Section III, Task 1, numbers 4 - 7 refer to "sample inspections/compliance audits." Are samples of these inspections, audits and reports available now? Are previously used code compliance surveys available?

A: OEP and the Public Utilities Commission will make as many resources available as possible, including previously done surveys, audits, and reports. All personal identifying information will be removed.

Q: Do you expect paper, e-mailed or online surveys? We expect a fairly small number of respondents (approximately 300) as such, survey confidence intervals may be low without follow-up. Are the means for follow-up to be included?

A: E-mailed and online surveys will suffice. Follow-up efforts should be anticipated and included in the proposal.

Q: On page 6, Section III, Task 6, number 1, refers to providing addenda to the NH Field Guide. Is this document available now and may the authors be contacted to verify copyright release. If not, can the addenda to be developed be placed on the resource library also to be developed? Is it OEP's desire to link their current Web sites (including their library) to the successful vendor's Web site for easier access?

A: The Field Guide to Residential New Construction and its addenda are available through the NH Public Utilities Commission. Conservation Services Group holds the copyright from 2007. OEP would like to see as many current resources available to building professionals, code officials, the general public, building owners, and as many others affected by building codes and in as many places as possible.

Q: When will OEP announce the winning bidder and when is the expected start date?

A: Proposals are due to OEP on October 14. We expect the selection process to take a couple of weeks, depending on the proposals and questions the selection committee may have for bidders. We anticipate the contracting process will take another couple of weeks. The Governor and Council approval process takes at least one month. Upon G&C approval, the selected administrator may start the program.

Q: On page 7 of the RFP, the first bullet under Approach asks for information on the "Operation of the Program". Can you elaborate in a little more detail what the RFP is looking for with this question?

A: OEP is seeking a general description of how the program will operate. This may include a flow of work, partners, how the required tasks will be accomplished, timelines, priorities, and other highlighted requests.

Q: Task 5: Are the anticipated printing and advertising costs to be included in the overall level of funding?

A: Funding for this Recovery Act Program totals $600,000, and the budget should cover all costs including printing and advertising costs. Leveraging existing programs and outreach efforts is allowed and encouraged.

Q: Task 6, Point 1: Will the contractor be able to retain copyright on any updates to the Field Guide that are performed?

A: Existing addenda to the Field Guide to Residential Construction, typically a page or two of updates, are not attributed to authors of the addenda, and as such a similar model would be expected. If the Field Guide is reprinted with significant updates, dialogue between the current copyright holders, OEP, the PUC, and the administrator may choose to update the Acknowledgements page. Free copies of the Field Guide and addenda are available at the PUC.

Q: Task 6, Point 3: The RFP states "OEP and/or PUC will provide a Web site space for digital version of these resources." Does this mean that OEP/PUC will host the Web resource site? If so, are there preferred or excluded Web technologies that the site can or cannot be built using?

A: Websites hosted by the agencies of the State of New Hampshire are required to follow certain formatting guidelines. OEP, PUC, and the selected administrator can meet with the Department of Internet Technology to discuss Web technology constraints.

Q: Task 9: In Section V of the RFP, Criteria for Selection point 3, it states "Reports will follow a pre-determined format including, but not limited to, funds expended, jobs created and retained, trainings performed, and number of people attending events." With regards to the final report which is due on June 12, 2012, will the identical format be required as the monthly reports or will there be additional reporting requirements?

A: At this time, OEP does not know the format of the Final Report expected in 2012. As the Recovery Act programs evolve, OEP anticipates that report formatting will also evolve. Furthermore, OEP expects that the Final Report format will be very comprehensive.


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