1-2026-SSO-161 Physical Therapy.doc

Central Consolidated School District

REQUEST FOR PROPOSAL

Physical Therapy Services

RFP 2026-SPED-161

Commodity Code: 94886

RFP ISSUE DATE:

April 3, 2026

RFP CLOSING DEADLINE:

April 28, 2026 @ 3:00 PM local time CCSD ebIDDING WEBSITE:

https://ccsdnm.bonfirehub.com

CONTACT:

Christi Walter, Procurement Officer 505-368-4984 Ext 10142, waltc@centralschools.org SPECIAL INSTRUCTIONS: Proposals must be submitted electronically via electronic bidding system (Bonfire Interactive a Euna Solutions). The submission of proposals must be submitted via the CCSD Bonfire eBidding portal prior to the “closing” of the solicitation on the portal and Advertisement for bids.

RFP SCHEDULE

I. INTRODUCTION

PURPOSE OF REQUEST FOR PROPOSAL

The Central Consolidated School District, Student Support Office, is requesting proposals from qualified individuals or agencies for Physical Therapist(s) to provide direct, indirect and evaluation services to students with disabilities in the district, as contained in this Request for Proposal (RFP).

BACKGROUND INFORMATION

This section provides background on Central Consolidated Schools which may be helpful to the Offeror in preparing the proposal. The information is provided as an overview and is not intended to be a complete and exhaustive description.

The Central Consolidated School District is located in the Four Corners region of San Juan County, in the northwest corner of New Mexico. It borders Colorado the north, Arizona to the west and Utah to the northwest. The District maintains fifteen school facilities on separate sites. There are four (4) High Schools, three (3) Middle Schools, and nine (9) Elementary Schools. The District also holds a Warehouse, Administration Building and three (3) Transportation sites. CCSD serves approximately 4,500 students, of which, the district Special Education students make up includes a large bilingual population, plus early childhood preschools, and covers nearly 3,000 square miles.

SCOPE OF PROCUREMENT

CCSD desires to establish professional service agreements with a qualified individuals or agencies for Physical Therapy (s) to perform the Scope of Work as specified in the Request for Proposal and should have an established capability to provide direct / indirect services to students within the District. It is understood that any contract entered into as a result of this solicitation may be for services to be performed on an as-needed basis. Hours worked will be based upon the needs of the district and student population, and may not require a 40-hour work week. You will state in the Proposal, the hours in a work week that you are available to provide services for CCSD.

The proposal period is for the 2026-2027 fiscal year, with the option of three additional years (2027-2028, 2028-2029, 2095-2030) provided funds are available, the district deems service satisfactory and the negotiated terms are acceptable to both parties. The fiscal year will be July 1 through June 30. The contract period with service dates as per school calendar and not to exceed 185 days. Normal work week 7.5 hours x 5 days equals 37.50/week, 185 calendar days equals to 6,937.5 hours per contract year. Work will commence upon contract agreement and with the issue of a Purchase Order.

The District will have the option at the end of each contract year to extend the contract agreement for each additional year but not to exceed the proposal period of June 30, 2030. At the end of each contract year, the district will notify the contractor for possible negotiations or will notify if they will issue a new request for proposals. If CCSD should renew the contract agreement for an additional year, they will issue a new purchase order each fiscal year. The same procedure will follow for each additional year.

Selection of such individual(s) and/or agency (ies) to perform requested services shall be made to the responsible offeror, or offerors, whose proposal is most advantageous to CCSD, taking into consideration the specified evaluation criteria, and/or other pertinent factors outlined in the Scope of Work.

DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

1. “Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract.

2. “Award” means the final execution of the contract document.

3. “Business Hours” means 8:00 AM thru 4:00 PM MST/MDT, whichever is in effect on the date given.

4. “CCSD” means Central Consolidated School District

5. “Close of Business” means 4:00 PM Mountain Standard or Daylight Time, whichever is in use at that time.

6. “Confidential” means confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act §§57-3-A-1 through 57-3A-7, NMSA 1978,. See also NMAC 1.4.1.45. The following items may not be labelled as confidential: Offeror’s submitted Cost response, Staff/Personnel Resumes/Bios (excluding personal information such as personal telephone numbers and/or home addresses), and other submitted data that is not confidential financial information or that qualifies under the Uniform Trade Secrets Act.

7. “Contract” means any agreement for the procurement of items of tangible personal property, services or construction.

8. “Contractor” means any business having a contract with a state agency or local public body.

9. “Determination” means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

10. “Desirable” – the terms “may,” “can,” “should,” “preferably,” or “prefers” identify a desirable or discretionary item or factor.

11. “Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (CD) or USB flash drive. The electronic version/copy can NOT be emailed.

12. “Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

13. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

14. “Final Award” means, in the context of this Request for Proposals and all its attendant documents, that point at which the final required signature on the contract(s) resulting from the procurement has been affixed to the contract(s) thus making it fully executed.

15. “Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

16. “Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

17. “IT” means Information Technology.

18. “Mandatory” – the terms “must,” ”shall” ”will,” ”is required,” or ”are required,” identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offeror’s proposal.

19. “Minor Irregularities” means anything in the proposal that does not affect the price, quality and/or quantity, or any other mandatory requirement.

20. “Multiple Source Award” means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Offeror.

21. “Offeror” is any person, corporation, or partnership who chooses to submit a proposal.

22. “Price Agreement” means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

23. “Procurement Manager” means any person or designee authorized by a state agency or local public body to enter into or administer contracts and make written determinations with respect thereto.

24. “Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements and chooses to procure Products or Services under this Agreement.

25. “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project acceptance is given by the project executive sponsor.

26. “Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7, NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

27. “Request for Proposals (RFP)” means all documents, including those attached or incorporated by reference, used for soliciting proposals.

28. “Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

29. “Responsive Offer” or means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements.

30. “Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The State reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases.

31. “Staff” means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.

32. “Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur,” “Understands and Complies,” “Comply,” “Will Comply if Applicable,” etc.)

33. “Unredacted” means a version/copy of the proposal containing all complete information; including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

34. “Written” means typewritten on standard 8 ½ x 11-inch paper. Larger paper is permissible for charts, spreadsheets, etc.

PROCUREMENT LIBRARY

Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing through the Bonfire eBidding platform https://ccsdnm.bonfirehub.com. Offerors may contact ONLY the Procurement Manager regarding the procurement. Other District employees or Evaluation Committee members do not have the authority to respond on behalf of the District.

CONDITIONS GOVERNING THE PROCUREMENT

GENERAL INSTRUCTIONS

1. READ ALL DOCUMENTS: Offerors must familiarize themselves with all documents contained herein; it is mandatory that all submitted offers comply with all the provisions contained in the Request for Proposal. Offerors should promptly notify the Procurement Officer of any ambiguity, inconsistency, error, or missing attachments which they may discover upon examination of the RFP.

2. CODE OF SILENCE: CCSD has adopted a “Code of Silence” to enforce its commitment to ethical procurement standards and improve accountability and public confidence. The Code of Silence prohibits any communication regarding a competitive procurement solicitation between any person who seeks an award from the District, including potential vendors or vendor’s representative and CCSD Board Members, the Superintendent, senior staff members, principals, department heads, directors, managers or other District representative who have influence in the evaluation or selection process.

3. PROCUREMENT MANAGER: The District has designated a Procurement Manager who is responsible for the conduct of this procurement listed on page one (1) of this RFP.

No hardcopy submissions will be accepted. All proposals shall be submitted through the Bonfire platform. https://ccsdnm.bonfirehub.com.

Offerors MAY NOT contact other CCSD departments, employees or the evaluation committee. Any contact with an CCSD department, employee or evaluation committee may result in rejection of any proposal. Any other verbal communication will be deemed unofficial and non-binding.

Communication directed to parties other than the Procurement Officer will have no legal bearing on this RFP or the resulting contracts. (No verbal responses shall be authoritative.)

4. WRITTEN QUESTIONS: Offerors may submit written questions and must be addressed and submitted through the Bonfire platform. https://ccsdnm.bonfirehub.com no later than the date and time specified in this RFP. The Procurement Officer will respond in a timely manner subject to the complexity of the questions. Procurement Officer will ONLY respond to the written questions submitted and received on or prior to the deadline in this RFP.

5. SUBMISSION: The submission of a proposal constitutes a representation by the Offeror that the Offeror has made all appropriate examinations, investigations, and analysis and has made provision as to the cost thereof in submitted proposal. By responding to this RFP, Offeror’s acknowledge and agree to the terms and conditions set form in this RFP.

6. ELECTRONIC RFP DOCUMENTS: This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by CCSD, the Offeror acknowledges that the version maintained by CCSD Bonfire platform shall govern.

7. INCURRING COSTS: Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. If applicable, any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

8. PUBLIC RECORDS ACT: Central Consolidated School District is a governmental entity subject to the State of New Mexico Inspection of Public Records Act (IPRA). Proposals submitted to CCSD as a result of a formal procurement solicitation are subject to release as a public information request. If an Offeror believes that its response or parts of its response may be exempted from disclosure under New Mexicolaw, the Offeror may mark the pages “confidential” for consideration to exemption. CCSD reserves the sole right to determine exemptions.

9. FORMS AND ATTACHMENTS: It is the responsibility of every Offeror to ensure they have downloaded the latest version of each RFP, including any addendum(s) which may have been issued and posted on the Bonfire platform. https://ccsdnm.bonfirehub.com.

10. ADDENDUM(S): No Addendum will be issued later than seven (7) days prior to the date for receipt of proposals, except an Addendum withdrawing the RFP or one which extends the date for receipt of proposals. Offerors should visit the website (https://ccsdnm.bonfirehub.com

HYPERLINK "http://www.aps.edu/procurement" \h ), prior to the due date before submitting their proposal to Central Consolidated School District. All addendums must be acknowledged in the submitted proposal.

11. CORRECTIONS: Corrections shall be initialed in ink by the Offeror signing the proposal. Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request to withdraw their proposal. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

12. EXCEPTIONS: Any exceptions to the scope of work and/or specifications shall be listed separately in the submitted proposal and unless otherwise stated, specifications and/or scope of work attached are the minimum requirements. Minor deviations to the specifications as listed, may be considered. The Procurement Officer, after review of the proposals may request clarifications on information submitted by any and all Offerors in a written format, with a specified deadline for response.

13. DISTRICT DISCRETION: The District hereafter referred to as CCSD reserves the right, pursuant to NMSA 1978, §13-1-132, in its sole discretion to waive minor informalities in proposals submitted provided that such informalities have no effect on price, quality, quantity or any matter to be evaluated in making a selection and confer no material advantage on the Offeror whose nonconformity is waived. CCSD reserves the right to add to or delete from the Scope of Work set forth in this RFP.

14. BRAND NAMES: Pursuant to NMSA 1978, §13-1-168, where a brand-name or equal specification is used in a solicitation, the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. If a Vendor proposes an “equal” to scope of work/specifications, CCSD is the sole interpreter of the scope of work/specifications and sole judge as to whether the “equal” proposed complies with the scope of work/specifications.

15. OFFEROR QUALIFICATIONS: The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirement specified within this RFP. The Evaluation Committee may reject the proposal of any potential Offeror who is deemed not to be a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, §13-1-83 and

§13-1-85.

16. AWARD: CCSD reserves the right to award all, part or none of the Scope of Work set forth in this RFP. This procurement in no manner obligates Central Consolidated School District until a valid signed contract and/or valid Purchase Order is executed.

17. TIMELY SUBMISSIONS: At this time only, electronic proposal submission is allowed. Do not submit hard copies until further notice.

Proposals shall be submitted to the District in electronic formats. Proposals must be uploaded and submitted electronically via the Bonfire eBidding portal at All proposals shall be submitted through the Bonfire platform. https://ccsdnm.bonfirehub.com. Proposals submitted by facsimile, email or hardcopy will not be accepted.

Important Information: Central Consolidated School District Online Bidding System (Bonfire) utilizes the Internet and the World Wide Web which is comprised of systems that are completely out CCSD’s control including but not limited to: The District, its agents, and registered suppliers' respective internet service providers. The District and its agents are not responsible for Internet outages, hardware failures, software failures, downtime, internet slowness, acts of God, power failures, and or user errors. All bids/proposals must be submitted before the due date regardless of your organization's ability to submit proposals online. It is the suppliers' responsibility to ensure that RFP offers arrive before the due date and time.

Proposers understand and agree that technical support may not be readily available the day of and or the hours/minutes prior to a bid closing time (Due Date/Time). Proposers also understand and agree that internet access, browsers, and operating systems are not supported by the District and/or its agents. Suppliers are strongly encouraged to review, create, and submit all electronic RFP responses several days in advance of the due date and time. If you have any questions contact the Procurement Officer listed on the Bid/RFP documents for assistance.

It is the Offeror’s responsibility to ensure all documents are completely uploaded and submitted electronically via Bonfire eBidding portal by the deadline set forth in this RFP. The Bonfire eBidding portal system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Offeror, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the Bonfire eBidding portal system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the Bonfire eBidding portal system by the deadline because the response was captured, blocked, filtered, quarantines or otherwise prevented from reaching the proper destination server by anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE PROPOSALS CAN BE ACCEPTED. Such electronic submissions will be considered sealed in accordance with statute.

18. EXTEND SUBMISSION TIME: CCSD may in its sole discretion extend the time for the submission of bids upon a finding that it is in the interest of CCSD to do so. Such extensions shall be by addendum(s), which may be issued before the submission due date.

19. RFP CANCELLATION OR REJECTION: In accordance with NMSA 1978, §13-1-131, this RFP may be canceled or proposals may be rejected in whole or in part when it is in the best interest of Central Consolidated School District.

20. RFP OPENING: Submitted proposals shall not be publicly opened. The contents of the proposals shall not be disclosed during any negotiations that may occur. A public log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals. “Awarded” in this context means the final required CCSD signature on the contract(s) resulting from the procurement has been obtained.

21. RESPONSIBLE AND RESPONSIVE OFFER: CCSD may reject the proposal of any potential Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, §13-1-83 and §131-85.

22. SOLE RESPONSE: Any sole response that is received may be rejected by CCSD depending on available competition and timely needs of CCSD. CCSD reserves the right to award the contract to the responsible Offeror submitted responsive proposals most advantageous and in the best interest of CCSD.

23. NEGOTIATIONS: CCSD reserves the right to discontinue negotiations with any Offeror.

24. MULTI-AWARD: CCSD reserves the right to multi-award contracts as necessary for adequate delivery or service in accordance with NMSA 1978, §13-1-153.

25. CCSD SCHOOL BOARD APPROVAL: The award of this contract is not final until approved by the CCSD School Board (if applicable) and/or contract is signed by both parties.

26. NEW MEXICO PREFERENCES

To ensure adequate consideration and application of §13-1-21, NMSA 1978 (as amended), Offerors must include a copy of their preference certificate with their proposal. Invalid or expired certificates will not be accepted. An expired certificate currently in the process of renewal will not be considered valid. Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

New Mexico preferences are: the New Mexico Resident Business Preference, the New Mexico Native American Resident Business Preference, the New Mexico Resident Veteran Business Preference, and the New Mexico Native American Veteran Business Preference.

An Offeror cannot be awarded multiple preferences. The District shall award a business only one of the following preferences: New Mexico Resident Business Preference, New Mexico Native American Resident Business Preference, New Mexico Resident Veteran Business Preference, and New Mexico Native American Veteran Business Preference.

If the Proposal is a Joint Venture, Offeror shall state in the submitted offer the percentage of work that will be performed by the New Mexico Resident Business, the Native American Resident Business, the Resident Veteran Business or the Native American Resident Veteran Business.

The New Mexico Preferences shall not apply if the expenditure for this RFP includes federal funds.

Use of Federal Funds If revenues are derived primarily from federal sources; federal law prohibits application of any residential and veteran’s preference when the expenditure of federal funds designated for specific purchase is involved.

TERMS AND CONDITIONS

This section of the document contains the RFP schedule for the procurement, describes the major procurement events and milestones and specifies general conditions governing the procurement.

1. Applicability: These terms and conditions are applicable and form a part of the resulting contract documents, and each purchase order issued for good and/or services included in the scope of work and proposal forms issued herewith

2. Acceptance of Conditions Governing the Procurement: Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors.

3. Prime Contractor: Responsibility of any offeror contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of any contract with a state agency that may derive from this RFP. CCSD will make payments only to the prime contractor

4. Subcontractors: The use of subcontractors is allowed. If utilized, the prime contractor shall be solely responsible for the entire performance of the contract. Additionally, the prime contractor must receive approval, in writing, from CCSD before any subcontractor is used during the term of this agreement.

5. Amended Proposals: An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. CCSD personnel will not merge or assemble proposal materials.

6. Proposal Offer Firm: Responses to this RFP, including proposal prices for services, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one

7. Disclosure of Proposal Contents: The proposals will be kept confidential until Contracts are awarded by the CCSD Purchasing Department. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Procurement Officer will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted “proprietary” or “confidential” subject to the following requirements.

Confidential data are normally restricted to confidential financial information concerning the Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, Sections 57-3A-1 to 57-3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Central Consolidated Schools Procurement Officer shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

The Contractor(s) agree to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the Agency’s written permission. By confidential information, we mean the software and related materials, including enhancements, which are designated as proprietary and confidential trade secrets of the licensor and licensee of the software. Contractor(s) will not remove any copyright, trademark, and other proprietary rights notice from the licensed software of related materials.

8. No Obligation: The procurement in no manner obligates the Central Consolidated Schools or any of its departments or schools to the use of Offeror services until a valid written contract is approved.

9. Termination: Termination by the contractor may terminate this contract only if Central Consolidated School District fails to comply with any provisions of this contract and after receiving notice of noncompliance, the District fails to cure the noncompliance within thirty (30) days, or by written mutual agreement between the Contractor and the District.

Termination by the District may terminate this contract for cause. The occurrence of either one of the following events will justify termination for cause:

a. Contractors persistent failure to perform their work in accordance with the contract documents (including but not limited to, failure to supply sufficient skilled workers or suitable material or equipment).

b. For Cause. The occurrence of either one of the following events will justify termination for cause:

· Contractor’s persistent failure to perform the work in accordance with the contract documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment).

· Contractor’s violation in any substantial way of any provisions of this contract.

If either one of the events identified above occur, the District may, after giving Contractor (and the surety, if any) thirty (30) days written notice, terminate the service of Contractor, exclude Contractor from site, and take possession of the work. Contractor shall be paid for project costs incurred up to the date of termination but shall not be paid for loss of profits resulting from such termination.

Where Contractor’s services have been so terminated by the District, the termination will not affect any rights or remedies of District against contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the District will not release the Contractor from liability.

c. For Convenience.

· Upon thirty (30) days written notice to contractor, CCSD may without cause and without prejudice to any other right or remedy of CCSD, elect to terminate the contract.

· In such case, Contractor shall be paid (without duplication of any items), for completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination, for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the contract document in connection with uncompleted work.

· Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

10. Sufficient Appropriation: Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be affected by sending written notice to the contractor. CCSD’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

11. Legal Review: The Agency requires that all Offerors agree to be bound by the general requirements as stated in this RFP. Any Offeror concerns must be promptly brought to the attention of the Procurement Officer.

12. Governing Law: This procurement will be conducted in accordance with the State Procurement Code, Chapter 13-1-28 thru 13-1-199 NMSA 1978 and applicable procurement regulations.

13. Basis for Proposal: Only information supplied by the Agency in writing through the Procurement Officer or in this RFP should be used as the basis for the preparation of Offeror proposals. Current and updated information regarding this procurement is available on the CCSD website at https://ccsdnm.bonfirehub.com/

14. Contract Terms and Conditions: The contract between the Agency and a contractor will follow the format specified and contain the terms and conditions set forth in the “Scope of Work”. However, the Agency reserves the right to negotiate with a successful Offeror provision in addition to or modifications of those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of the contract.

Should an Offeror object to any of the Agency’s terms and conditions, that Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.

CCSD reserves the right to assign any service provider to any school or other location based on the needs of the students. Offeror may not enter into CCSD administrative decisions. Acceptance by CCSD of an offeror’s proposal in any category does not guarantee a specified number of consultations or any other work. CCSD shall only pay for services rendered unless specifically agreed upon.

CCSD reserves the right to cancel or delay scheduled workdays due to inclement weather, emergencies, or other unforeseen events. In the event of such a closure, hours lost are not billable for contracted employees. Personnel are encouraged to monitor official District platforms for real-time updates. Please note that any instructional time or related services missed—including those governed by an Individualized Education Program (IEP)—will be addressed and made up in accordance with District guidelines and state regulations.

15. Contract Deviations: Any additional terms and conditions, which may be the subject of negotiation will be discussed only between the Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

16. Change in Contractor Representatives: The agency reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the Agency, meeting its needs adequately.

17. Notice Of Penalties: The Procurement Code, NMSA 1978, § 13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

18. Proposal Acceptance Rights: The Agency reserves the right to accept all or a portion of an Offeror’s proposal.

19. Right to Publish: Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the Agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or work which may derive from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or termination of the contract.

20. Ownership of Proposals: All documents submitted in response to the RFP shall become property of Central Consolidated School District. If the RFP is cancelled, all responses received shall be destroyed by CCSD unless the Offeror either picks up, or arranges for pick-up, the materials within three (3) business days of notification of the cancellation. Offeror is responsible for all costs involved in return mailing/shipping of proposals.

21. New Mexico Employees Health Coverage: If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place and agree to maintain the term of the contract, health insurance for those employees and of that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and CCSD exceed $250,000.00.

Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or

(c) declined health insurance for other reasons.

Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://insurenewmexico.state.nm.us/.

22. Procurement Under Existing Contracts: In accordance to NMSA 1978, 13-1-129, offerors are hereby notified that other governmental entities within the State of New Mexico, or as otherwise allowed by their respective governing directives may contract for services with the awarded offeror. Contractual engagements accomplished under this provision shall be solely between the awarded offeror and the contracting entity with no obligation to Central Consolidated Schools.

23. Disclosure Regarding Responsibility Any prospective Contractor and any of its principals who enter a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body.

2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for:

a. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract.

b. violation of Federal or state antitrust statutes related to the submission of offers; or

c. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property.

3. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure.

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.

a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

5. Have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities. The Contractor shall provide immediate written notice to CCSD or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.

24. Indemnification: The Proposer shall be responsible for damage to persons or property that occurs because of his fault or negligence, or that of any of his employees, agents or subcontractors. He shall save and hold harmless Central Consolidated Schools against all loss, cost, damage, claims, expense or liability in connection with the performance of the contract. Any equipment or facilities damaged by the Proposer’s operation shall be repaired and/or restored to their original condition at the Proposer’s expense.

25. Certificate of Insurance (if Applicable): The successful proposer shall purchase and maintain statutory limits of Worker's Compensation, Public Liability and Automobile Liability insurance approved by CCSD at the time of contract award. Central Consolidated Schools shall be included as a loss payee and/or additional insured. Contractor shall furnish CCSD with certificates of insurance with contract documents and prior to commencement of work. Public Liability and Automobile Liability insurance shall include at least the following coverage:

General Liability Insurance – Bodily Injury and Property Damage – Per Occurrence

General Aggregate Product/Completed Operations Aggregate $1,000,000 $2,000,000 $2,000,000

$1,000,000

26. Default and Force Majeure: The District reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the District, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the District due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the District shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the District provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

27. Invoicing and Payments: CCSD will strive to meet or exceed prompt payment terms as may be established by statute. Late payments charges may be assessed on any unpaid balance over sixty days in arrears at the rate of one and one-half (1.5%) percent per month. CCSD will not automatically include late charges in your payment. Late charges must be properly documented with separate invoice showing numbers, amount, date and computation to verify charges.

Any invoice received and payment made shall be subject to Districts terms and conditions (NET 30) unless specifically waived by District in a separate written document and not this RFP or any response.

Invoice CCSD only for services rendered, fully comply with all other state and federal requirements associated with provisions of the services contemplated herein and no bill any other party (e/g.

Medicaid, 3rd party insurance, or parents). Violation of this provision will result in termination of contract.

Scheduled appointments for ancillary services, meetings or events shall be considered cancelled in CCSD schools are closed due to inclement weather, emergency and/or other events. Hours lost due to such delays are not billable.

Volunteer Activities will not be compensated for any of the following: volunteer activities with CCSD activities (to include field trips); workshops or conference attendance or any professional development. Your daily rate for attending volunteer activities will not be compensated.

Compensation for volunteer activities, workshops, conference attendance, professional development and/or compensation for your daily rate for such activities will be made only as a result of written invitation and approval from CCSD.

28. Independent Contractor: The contractor is an independent contractor performing services for the District. The contractor shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the District as a result of this procurement.

Protest

1. Any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Purchasing Office in accordance with the requirements of the Contracting Procurement Regulations and the State Procurement Code. The protest should be made in writing within twenty-four (24) hours after the facts or occurrences giving rise thereto, but NO LATER THAN fifteen (15) calendar days after the facts or occurrences giving rise thereto (NMSA1978, §13-1-172). The protest must be in writing and delivered to the Finance Director - Procurement Department, Shiprock, New Mexico.

2. In the event of a timely protest under this section, the Purchasing Agent and the Contracting Agency shall not proceed further with the procurement unless the Purchasing Agent makes a determination that the award of Agreement is necessary to protect substantial interests of the Contracting Agency (NMSA 1978, §13-1173).

3. The Purchasing Agent or his/her Designee shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Offeror concerning a procurement. This authority shall be exercised in accordance with adopted regulations, but shall not include the authority to award money damages or attorneys' fees (NMSA 1978, §13-1-174).

4. The Purchasing Agent or his designee shall promptly issue a determination relating to the protest. The determination shall:

A. State the reasons for the action taken; and B.