1-RFB 48-26-DC Bid Document Final.pdf

COUNTY OF BERNALILLO

STATE OF NEW MEXICO

INVITES YOUR FIRM TO OFFER A BID ON:

RFB #48-26-DC

Correctional Mattresses

AS SPECIFIED IN THE ATTACHED BID DOCUMENTS.

Deadline for Receipt of Bids: May 21, 2026: 2:00 p.m. (Mountain Time)

The County eProcurement System will not allow Bids to be submitted after this date and time.

FIRM NAME

STREET ADDRESS/P.O. BOX

CITY, STATE, ZIP CODE

TELEPHONE NUMBER E-MAIL ADDRESS FAX NUMBER

DEFINITIONS

This section contains definitions that are used throughout this Request for Bids (RFB), including appropriate abbreviations.

“Agreement” means any contract for the procurement of items of tangible personal property, services or construction.

“Addendum” means an addition or supplement to the RFB document, for example, items or information added to the RFB.

“Award of Contract” shall mean a formal written notice by the Purchasing Section.

“Bidder” means one who submits a response to an invitation for Request for Bid (RFB).

“Contractor” shall mean successful Bidder.

“County” shall refer to the County of Bernalillo, New Mexico.

“Central Purchasing Office” means the County Purchasing Section.

“County Purchasing Section” of the Procurement and Business Services Department, means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof.

“Firm Fixed Price Contract” means a contract which has a fixed total price or fixed unit prices.

“Indefinite Quantity Contract” means a contract which requires the Contractor to furnish an indeterminate quantity of specified services, items of tangible personal property or construction during a prescribed period of time at a definite unit price or at a specified discount from list of catalogue prices.

“Local Business Preference” means a business that holds a valid Resident Native American Business/Contractor certificate issued by the State of New Mexico Taxation and Revenue Department and maintains an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis. If necessary, the County may seek additional information or proof to verify eligibility for the Local Business Preference, pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.

“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 Bidder.

“Pay Equity Preference” means any business that maintain a zero percent (0%) deviation between the salaries paid to men and salaries paid to women for comparable positions, as reported in the Pay Equity Reporting form that has been submitted by the Offeror.

“Preference Limitations” is the total amount of all preferences applied including the applicable State of New Mexico preferences, for the purchase of Tangible Personal Property, Services or Construction in any single award shall not exceed 18%, with the limit on State of New Mexico preferences as set forth under the New Mexico State Procurement Code. When applying the Bernalillo County preferences as set forth in Ordinance §2-367, the total dollar amount of Bernalillo County preferences shall never exceed $180,000.00.

“Pre-bid Conference” means a meeting held with prospective Bidders prior to solicitation of bids, to clarify any ambiguities, answer Bidder questions, and ensure all Bidders have a common basis of understanding regarding the items of tangible personal property or services required.

“Purchase Order” means the document issued by the Purchasing Section, which directs a Contractor to deliver items of tangible personal property or services pursuant to the Award of a Contract.

“Request for Bids” or “RFB” means all documents, including those attached or incorporated by reference, used for soliciting bids.

“Resident Business/Contractor Preference” means a business that has a valid resident or Native American business certificate issued by the taxation and revenue department pursuant to §13-1-22 NMSA 1978 but does not include a resident veteran business.

“Resident Veteran Business/Contractor Preference” means a business that has a valid resident or Native American veteran business certificate issued by the taxation and revenue department pursuant to §13-1-22 NMSA 1978.

“Responsible Bidder” means a business entity or individual who has the ability to fulfill the solicitation expectations and requirements, including but not limited to financial and technical capacity to perform the requirement of the solicitation and subsequent Contract; “Responsive Bid” means a Contractor, business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the Request for Bids and all of its requirements including all form and substance.

“Small Business Preference” means a business that has a Local Business Preference eligibility documentation as well as an affidavit from a Certified Public Accountant (CPA) affirming that the business employs an average of fewer than 50 full-time employees in a calendar year. Ordinance §2-367.

“Specifications” means a description of the physical or functional characteristics or of the nature of items of tangible personal property, services or construction. “Specifications” may include a description of any requirement for inspecting or testing, or for preparing items of tangible personal property, services or construction for delivery.

FORMAL BID

SUBMITTAL REQUIREMENTS

THE REQUIREMENTS CHECKED BELOW APPLY TO THIS BID. FAILURE TO COMPLY WITH THE STATED

REQUIREMENTS MAY RESULT IN IMMEDIATE DISQUALIFICATION.

Nothing herein is intended to exclude any responsible bidder or in any way restrain or restrict competition.

All responsible bidders are encouraged to bid and their bids are hereby solicited.

Please acknowledge receipt of Addendum (if applicable) by initialing next to the number of Addendum received. 1. _______ 2. _______ 3. _______ 4. _______

This procurement is subject to the Application of Preferences pursuant to §13-1-21 and §13-1-22, NMSA 1978 and the County Ordinance §2-367. See page 23-24 for further details.

Bidder shall disclose any conflict of interest in writing and submit the information with the bid in accordance with paragraph 9 of the General Terms and Conditions (page 5).

The bid must be signed by an authorized representative below. Failure to sign may result in disqualification.

If a prompt payment discount is offered, it is required that a minimum of twenty (20) days be allowed for payment in order for the discount to be considered. Please state your discounted terms: _____________________.

Pay Equity Documentation:

Bidder shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at: www.bernco.gov/general-services/pay-equity.aspx. See pages 7-8 and “Application of Preferences” (pages 23-24) Failure to submit the Pay Equity Form may result in disqualification of the bid submittal.

Unfair Business Practices Disclosure:

Bidder must submit with their bid the completed “Unfair Business Practices Disclosure Form” (see page 22). Failure to complete and return the signed unaltered form may result in disqualification.

Bid must be a firm fixed price and include all incidental charges. See Pricing Section for further details on pages.

All prices shall be F.O.B. Destination.

All bids shall be submitted electronically through the County’s eProcurement system Bonfire. A complete bid including all forms, attachments and exhibits shall be uploaded to the eProcurement system https://bernco.bonfirehub.com/portal/?tab=openOpportunities. Please allow a minimum of 24 hours to submit your bid. If you do not have a username and password, please register at https://bernco.bonfirehub.com/login as this is the only method to submit electronically on the Bonfire portal. For assistance, please contact support@gobonfire.com. Failure to submit your bid electronically through the County’s eProcurement system shall result in your bid being deemed nonresponsive.

In compliance with this Request for Bid and subject to all terms and conditions referenced within this RFB hereof, the undersigned offers and agrees to furnish its services upon which prices are quoted at the price submitted with this bid and hereby certify that I am authorized to sign this bid for the firm and agree to furnish as indicated below:

Signature: Fed ID No.:

Name (type/print): Title:

http://www.bernco.gov/general-services/pay-equity.aspx http://www.bernco.gov/general-services/pay-equity.aspx https://bernco.bonfirehub.com/portal/?tab=openOpportunities https://bernco.bonfirehub.com/login mailto:support@gobonfire.com

GENERAL TERMS AND CONDITIONS

Below are the County’s Purchase Order General Terms and Conditions.

1. INSPECTION AND AUDIT: A. The County may inspect, at any reasonable time, any part of Contractor’s plant or place of business, which is related to performance of the services described herein. Acceptance of delivery shall not be considered acceptance of the materials, supplies or services furnished. Final inspection will be made at the destination upon completion of delivery of goods and services. Final inspection shall include any testing or inspection procedures required by the specifications. B. The Contractor shall maintain detailed time records, which indicate the date, time and nature of services rendered. Contractor shall maintain detailed records of all materials or supplies delivered to the County, including serial number and other appropriate identifiers. These records shall be subject to internal and external audit. The County shall have the right to audit billings both before and after payment. Payment under the resultant agreement shall not preclude the County from recovering excessive, erroneous or illegal payments previously made by the County.

2. ASSIGNMENT: The Contractor shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County.

3. TERMINATION AND DELAYS: The County may by written notice stating the extent and effective date, terminate for convenience in whole or in part, at any time: the County shall pay Contractor as full compensation for performance until such termination: A. the unit or pro rata order price for the delivered and accepted portion; and B. incidental damages, not otherwise recoverable from other sources by Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the issued Purchase Order, provided compensation hereunder shall in no event exceed the total Purchase Order price. Such amount will be limited to Contractor’s actual cost and may not include anticipated profits. The County shall not be liable for consequential damages.

The County may by written notice terminate in whole or in part for Contractor’s default if Contractor refuses or fails to comply with the provisions of the terms and conditions contained herein and/or the County’s Purchase Order, or fails to make progress so as to endanger performance and does not cure such failure within a reasonable period of time. In such event the County may otherwise secure the materials, supplies or services ordered, and Contractor shall be liable for damages suffered by the County thereby, including incidental and consequential damages.

If after notice of termination, the County determines Contractor was not in default, or if Contractor’s default is due to failure of the County, termination shall be deemed for the convenience of the County.

The rights and remedies of the County provided in this article shall not be exclusive and are in addition to any rights and remedies provided by law.

4. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION: The Contractor agrees to abide by all Federal and State laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

5. PENALTIES: The County Ordinance imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

6. TITLE AND DELIVERY: Title to the materials and supplies passed hereunder shall pass to the County upon acceptance at the F.O.B. destination point specified subject to the right of the County to reject for any exception to the delivery date specified. The Contractor shall give prior notification and obtain approval thereto from the County Purchasing Section.

7. APPLICABLE LAW: The laws of the State of New Mexico shall apply.

8. COMPLIANCE WITH APPLICABLE LAW: The Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances.

9. CONFLICT OF INTEREST: The Contractor warrants that he/she presently has no interest and shall not acquire any, which would conflict in any manner or degree with the performance of services required under this procurement. Contractor must disclose any conflict of interest in writing. Definition of conflict of interest includes, but is not limited to, the following: A. relationship, if any, with a County employee; state their name and position, B. the County employee connected in any way with your firm, C. if any type of commitment is/has been given to your firm, by a County employee, state their name and position held.

10. WARRANTIES: Contractor warrants the materials, supplies or services furnished to be exactly as specified, free from defects in Contractor's design, labor, materials and manufacture, and to be in compliance with any drawings or specifications incorporated herein and with any samples furnished by Contractor. All applicable UCC warranties, express and implied, are incorporated herein.

11. ACCEPTANCE: The County may reject acceptance of any material, supplies, or services found to be defective or not as specified. At the County’s option the Contractor shall be required to a.) Correct without charge within a reasonable time, or b.) Deliver an equitable substitute at a reduced price. The County may revoke acceptance of any material, supplies or services, if a defect substantially impairs the value to the County and is discovered after acceptance. Should this occur, the Contractor shall reimburse the County for all incidental and consequential costs related to unaccepted materials, supplies or service, notwithstanding final acceptance; acceptance of material, supplies, or services shall not waive the County’s right to claim damages for breach.

12. CHANGES: The County may make changes within the general scope of the procurement by giving notice to Contractor and subsequently confirming such changes in writing via a Purchase Order change notice. If such changes affect the cost of, or the time required for performance, an appropriate equitable adjustment shall be made. No change by Contractor shall be recognized without written approval of the County. Any claim of Contractor for an adjustment under this paragraph must be made in writing within thirty (30) days from the date of receipt of Contractor of notification of such change, unless the County waives this condition. Nothing in this paragraph shall excuse Contractor from proceeding with performance as changed hereunder.

13. PATENT AND COPYRIGHT INDEMNITY: Contractor shall pay all royalty and license fees relating to deliverables and other items covered hereby. In the event any third party shall claim that the reproduction, manufacturer, use or sale of goods or items covered hereby infringes any copyright, trademark, patent or other intellectual property rights, Contractor shall indemnify and hold the County harmless from any cost, expense, damage or loss resulting therefrom.

14. DISCOUNTS: Any discount time will not begin until the materials, supplies, or services have been received and accepted and correct invoice received by the Purchasing Section. In the event testing is required, the discount time shall begin upon the completion of the tests.

15. PAYMENT CHARGES: Late payment charges shall be paid in the amount and under the conditions stated in County Ordinance §2-381.

16. APPROPRIATIONS: The terms of this Agreement are contingent upon the County Commission making the appropriations and authorizations necessary for the performance of the Agreement. If sufficient appropriations and authorizations are not made by the County Commission, any Agreement resulting from this Request for Bids may be terminated at the end of the County’s then current fiscal year upon written notice given by the County to the Contractor. Such event shall not constitute an event of default. All payment obligations of the County and all of its interest in this Agreement shall cease upon the date of termination.

The County’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

SUPPLEMENTAL TERMS AND CONDITIONS

1. POWER OF THE COUNTY: The County reserves the right to accept or reject any and/or all bids and unless otherwise specified by the Bidder, to accept any item in the bid, to waive technicalities, to inspect, and/or to make any investigation deemed necessary of a Bidder’s ability to provide the material, supplies or services covered by the Specifications or other criteria documents and to accept what in its judgment is the best bid.

Without limiting the generality of the foregoing, any bid which is incomplete, obscure or irregular may be rejected; any bid having erasures or corrections in the price sheet(s) may be rejected; any bid in which unit prices are omitted, or which are accompanied by an insufficient or irregular Bid Bond or other requirements may be rejected. The County also reserves the right to reject the bid of a Bidder who has previously failed to perform properly, provided inferior material, supplies, or services, provided inferior workmanship, or attempted to use substandard equipment, caused excessive inspection by the County to insure good workmanship, or utilized poor construction methods, or failed to complete an agreement of similar nature on time, or the Bidder is not in a position to perform the work governed by the Agreement.

2. UNLAWFUL EMPLOYEE PARTICIPATION: No elected official or employee of the County or public officer of the State of New Mexico shall be admitted to any share or part of this Agreement or any benefit that may arise thereof, directly or indirectly, unless it be made with a corporation for its general benefit.

3. DISTRIBUTION OF RFB DOCUMENT: The County Purchasing Section is the only organization who is authorized to make copies and/or distribute this RFB in any format. A distribution list of those who receive the RFB will be maintained throughout the procurement process and will become part of the procurement file. Receipt of a Bid from firms not included on the distribution list shall result in immediate disqualification and Bid will be rejected.

4. EXPLANATION TO BIDDERS: Any explanation desired by a Bidder regarding the meaning or interpretation of this request must be submitted in writing and with sufficient time allowed, but not less than three (3) working days prior to the hour and date specified for the receipt of the bids, for reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the award of the agreement will not be binding. Any information given to prospective Bidder(s) concerning this request will be furnished as an addendum, to all firms who have received the bidding document.

5. NON-COLLUSION: The Bidder, in signing this bid, certifies that representatives from the firm have not, either directly or indirectly, entered into any action or restraint of free competitive quoting or bidding in connection with this Bid.

6. CODE OF CONDUCT: Code of Conduct – The successful Bidder shall abide by the Code of Conduct (https://www.bernco.gov/compliance-office/bernalillo-county-code-of-conduct/) of the County as it applies to the successful Bidders interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement (a draft of the proposed Agreement is included beginning on page 15).

7. EVALUATION: The evaluation period for this bid is ninety (90) consecutive calendar days, following the bid opening. Bids may not be rescinded during this period except for good cause and with the written approval of the Purchasing Section. The County, in evaluating bids reserves the right to use any assistance deemed advisable.

8. INCREASED OR DECREASED QUANTITIES: The County reserves the right to increase or decrease the quantities of items of tangible personal property, services or construction to be provided within the terms of the agreement and at the same prices, with the consent of the Contractor.

9. REJECTION AND CANCELLATION: The County reserves the right to reject any or all bids, cancel this RFB when it is in the best interest of the County, or to waive any and all informalities and irregularities that don’t alter the price, quality or quantity.

10. BASIS OF AWARD: The County reserves the right to award on a total basis or an item by item basis depending on which is most advantageous to the County. Final bid award will be made on the lowest, best, and most responsible bid meeting the specifications.

11. PAY EQUITY DOCUMENTATION: All Bidders shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at www.bernco.gov/general-services/pay-equity.aspx.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bernco.gov%2Fcompliance-office%2Fbernalillo-county-code-of-conduct%2F&data=05%7C01%7Cacbaca%40bernco.gov%7Ca0475eac0ea04b74a46208dafef5c0ad%7C2017becccef8453fae3c04934fc97714%7C0%7C0%7C638102628707140665%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NSVmDNQrHf0WLxXW26bnUPp2T3oQhj2sFyzUWqrk4uU%3D&reserved=0 http://www.bernco.gov/general-services/pay-equity.aspx http://www.bernco.gov/general-services/pay-equity.aspx

Bidders who are located out-of-state or have no facilities and no employees working in the State of New Mexico are not required to report pay equity data but must verify their out-of-state status on the Pay Equity Reporting Form. Failure to provide a Pay Equity Reporting Form at the time of submission may result in the bid being deemed nonresponsive. The County may allow for a revised Pay Equity Reporting Form to be submitted by the Offeror within 24 business hours of the proposal due date and time if; (i) the originally submitted form requires a technical change; or (ii) the Bidder fails to include a Pay Equity Reporting Form at the time of submission, provided that the Bidder submits the Pay Equity Reporting Form within the 24 hour business period.

NOTE: THE REQUIRED PAY EQUITY REPORTING FORM IS NOT A PAY EQUITY BUSINESS

CERTIFICATE, NOR DOES IT QUALIFY AN OFFEROR FOR THE PAY EQUITY PREFERENCE. FOR

QUESTIONS ON HOW TO OBTAIN A PAY EQUITY BUSINESS CERTIFICATE, PLEASE CONTACT THE

PROCUREMENT MANAGER IN SECTION I.C BY TELEPHONE: (505) 468-7367 OR EMAIL:

natmartinez@bernco.gov.

12. MULTIPLE AWARD: The County reserves the right to award the Agreement to multiple contractors.

Determination for awards shall be based upon the lowest total cost of all items listed within the “cost proposal” section and the bidder(s) abilities to meet the “minimum and submittal requirements” of the invitation to bid.

13. PROTESTS: Protests - In accordance with County Ordinance §2-367 and §2-385, any Bidder who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Procurement and Business Services Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Annie Baca, Procurement and Business Services Director 415 Silver Ave. SW, 6th Floor Albuquerque, NM 87102

Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

14. CONFIDENTIALITY/PUBLIC RECORDS: Confidential data is normally restricted to confidential financial information concerning the Bidders organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, 57-3-A-1 to 57-3A-7 NMSA 1978, or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFB response shall be deemed to be public records, subject to public inspection, upon award of the RFB and execution of an Agreement by the County Commission or their designee. If the Bidder believes any of the information contained in its response is exempt from the Public Records Act, then the Bidder, must identify the material which is deemed to be exempt and cite the legal authority for the exemption. Any pages of the bid on which the Bidder has stamped or imprinted “proprietary” or “confidential” must be readily separable from the bid in order to facilitate public inspection of the non-confidential portion of the bid.

The County’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County’s treatment of records as public records.

15. SPECIFICATIONS: Specifications stated in this request are not intended to exclude any Bidder. Where a product is characteristic of a sole manufacturer, or when a brand name is indicated, it shall be defined to mean as "least acceptable level”, or "minimum quality required" by the County. If an item is bid other than specified which is considered comparable, the manufacturer's name and model number of that item must be specified. Sufficient performance specification and descriptive data must accompany the bid to permit thorough evaluation. Failure to provide the appropriate information may result in disqualification of the bid.

16. RECEIPT OF BIDS: Bids received after the deadline will not be accepted. The date-time stamp located in the Purchasing Section will be used to record receipt of the bid and is the only acceptable evidence to establish the time of receipt of bids.

17. AWARD TO NEXT RATED BIDDER: In the event of default by the awarded vendor, the County reserves the right to utilize the next rated Bidder meeting specifications as the new vendor. In the event of this mailto:natmartinez@bernco.gov occurrence, the next rated bidder meeting specifications shall be required to provide the bid items at the prices as contained on their proposal or bid for this specification.

18. NUMBER OF BID SUBMITTALS

Bidders may submit only one (1) bid in response to this RFB.

19. NUMBER OF COPIES: Bidders shall upload one (1) original their bid submittal to https://bernco.bonfirehub.com/portal/?tab=openOpportunities.

20. QUESTIONS: If additional information regarding this bid or the procurement process is required, please contact Nathaniel Martinez (505) 468-7367, or e-mail natmartinez@bernco.gov

21. INSURANCE REQUIREMENTS: Insurance is required of the Contractor in the limits identified in the Draft Agreement, Section 12, attached hereto.

22. W-9 INFORMATION: Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Bidder;

according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information promptly and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the Internal Revenue Service may require the County to withhold 28% of payments made, if the information is not furnished by the successful Bidder.

If the successful Bidder’s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN.

https://bernco.bonfirehub.com/portal/?tab=openOpportunities

EXCEPTIONS

RFB #48-26-DC

In the interest of fairness and sound business practices, it is mandatory that you state any exceptions to the specifications and/or scope of work. It is not the responsibility of the County to seek out information concerning the goods to be furnished. If your bid does not meet or exceed all of the stated specifications, you must so state on the space provided below, with an explanation:

I do ___________ do not meet specifications ___________

Authorized Signature and Title Telephone Number

SCOPE OF SERVICES

RFB #48-26-DC

A. GENERAL

The intent of this bid is to establish a Price Agreement for the purchase of Correctional Mattresses for the Bernalillo County Metropolitan Detention Center and Youth Service Center.

B. REQUIREMENTS

1. Pricing must be firm for the full term of the Agreement.

2. Bidders are requested to bid according to unit requirements on estimated usage per unit.

3. Mattress for the Metropolitan Detention Center must be EQUAL TO a Derby Correctional Mattress.

a) Mattress specifications are listed in the Pricing Section.

b) 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.

4. Bidders must provide 2 copies of manufacturer's data sheets for each product.

5. Bidders must provide the manufacturer's specification and information necessary to show compliance with specifications.

7. Bidder must provide instructions for care and maintenance.

8. Standard packages shall clearly indicate contents by name, net contents in pounds, name and address of manufacturer, use instructions, and any applicable hazardous labeling precautions in full accordance with all pertinent OSHA requirements and must meet DOT requirements. MSDS sheets, on applicable items, shall accompany each order, and shall be maintained by the County.

9. All products must comply with all applicable federal, state, and local laws, regulations, and codes.

10. Products must meet all applicable correctional facility safety, fire retardancy, and performance standards.

11. Contractor personnel must comply with all security and facility access requirements of the Bernalillo County Metropolitan Detention Center and Youth Service Center.

C. PRODUCT GUARANTEE (WARRANTY)

All items must be new, unused, first quality only (no irregulars or seconds will be accepted), and ready for immediate use. All items must be free from manufacturer defect. The bidder must provide an additional written limited warranty for the Derby mattress or the mattress that is equal to Derby mattress covering factory repair or replacement of defective materials for up to 5 years against cracking of mattress cover, and for up to 5 years against failure of heat sealed bonds of seams. The bidder will be responsible for replacement, pickup, freight charges, and delivery costs during the warranty period for all mattresses. Acceptance of goods by the County shall not waive any warranty rights. Contractor shall immediately notify the County of any product recall, safety notice, or defect affecting items provided under this Agreement and shall bear all costs associated with replacement.

D. QUANTITIES

The quantities given in the bid are the best estimates. Quantities ordered may be increased or decreased as deemed necessary during the term of the Agreement.

E. NON-EXCLUSIVITY

This Agreement is non-exclusive and shall not in any way preclude the County from entering into similar agreements and/or arrangements with other vendors or from acquiring similar, equal or like goods from other entities.

F. TERM

This Agreement shall become effective upon the date of final execution and shall continue for two (2) years with the option to renew for up to two (2) additional successive periods of two (2) years each, unless terminated by either party pursuant to the termination provisions contained in the final Agreement. No price increases shall be permitted during the initial term of the Agreement. Any renewal pricing shall be subject to County approval.

G. PRODUCT DISCONTINUANCE

In the event a product and/or model is discontinued by the manufacturer, the County at its sole discretion may allow the awarded bidder(s) to provide a substitute for the discontinued item. The awarded bidder(s) shall request permission to substitute a new product and provide the following:

1. Documentation from the manufacturer that the product or model has been discontinued.

2. Documentation that names the replacement product.

3. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product.

4. Documentation confirming that the price for the replacement is the same or less than the discontinued product or model.

H. BASIS OF AWARD

The County reserves the right to award on a total basis or an item by item basis depending on which is most advantageous to the County. Final bid award will be made on the lowest, best, and most responsible bid meeting the specifications.

1. The County reserves the right to reject any or all bids and to waive minor irregularities in the bids.

Prior to the award of the Price Agreement, the County of the reserves the right to:

a. Request clarifications where necessary

2. The County reserves the right to make a multiple award for this Price Agreement.

3. The County may request samples or conduct testing to verify compliance with specifications prior to award or during the term of the Agreement.

I. DELIVERY:

Delivery will be accepted from Monday thru Friday, 7:00 am thru 3:00 pm. Arrangements for delivery shall be made through the Bernalillo County Detention Centers PRIOR TO ANY ATTEMPTED DELIVERY. Contactor will also be responsible for unloading products at the Bernalillo County Juvenile Detention Center. Delivery and invoices shall be made to the following addresses:

Bernalillo County Metropolitan Detention Center Bernalillo County Youth Service Center 100 Deputy Dean Miera Dr SW 100 Deputy Dean Miera Dr SW

Albuquerque, NM 87151 Albuquerque, NM 87151

J. INVOICES:

1. Invoices will list the County Encumbrance Number, and items being delivered. In addition, they must state that they cover, as the case may be, complete or partial delivery, and must show unit and unit prices.

2. All deliveries shall be F.O.B. Albuquerque, NM.

3. Terms of payment shall be the standard N30.

4. Risk of loss remains with the contractor until delivery and acceptance by the County.

5. Items damaged in transit or rejected for non-compliance shall be replaced at the contractor’s expense.

6. Delivery personnel must comply with all facility security and conduct requirements.

K. PACKAGING

Packaging and shipping must be performed with properly packaged, finished components and assemblies to prevent damage.

Pricing Section

RFB 48-26-DC

All bid items must be in compliance with the specifications. The quantities listed below are given only as a guideline for preparing your bid and should not be construed as representing actual quantities to be purchased.

Contractor shall furnish two copies of the manufactures price list for items listed in the Pricing Section meeting the general specifications and two copies of the manufacturer's catalog or product specification sheets, if available.

Similar items may be added to any agreement resulting from this RFB based on single quotes from awarded vendor, solicitation of quotes from all awarded vendors or a separate quote solicitation, depending on which best meets the needs of the County.

Prices quoted shall remain firm for the full term of the Agreement, unless otherwise approved in writing by the County.

No minimum order quantities shall be imposed unless expressly stated in the bid response and approved by the County.

The County reserves the right to request written price verification or supporting documentation upon request.

The County will issue a purchase order for the items listed below upon award of this Price Agreement. However, the County reserves the right to order more or less than the quantity listed. Future orders will be placed on an as needed basis during the term of the Agreement.

The quantities listed are estimates.

Unit price must include all delivery charges

Item Estimated Quantity

Description Unit Price Extended Price

1 2000 Derby Mattress or Equivalent with built-in double pillow:

Description: Envelope style, 100% sealed seam with no stitching built-in double pillow, Dartex fabric cover that is warranted to not crack for up to 5 years; fluid resistant breathable vent, flame retardant mattress suitable for continuous use in correctional environments.

If mattress is equivalent *(specify mattress type)

Materials: (Must Include)

a. Cover must be Dartex Coatings, Inc. PU coated fabric, ISO certified

b. 5 year warranty against cracking, dimensional stability

c. Flame retardant

d. Anti-fungal

e. Anti-microbial

f. Bacteriostatic

g. Virus barrier

h. Moisture vapor permeable

i. Washable

j. Abrasion resistant

Item Estimated Quantity

Description Unit Price Extended Price

Construction: (Must Include)

a. 100% sealed seam with no stitching

b. Breathable vent must resist water, oil, urine, blood, head lice

c. Integrated pillow

d. Seam strength in excess of 70 lbs.

e. Core must be 100% densified polyester, minimum of 12 oz./sq. ft.

density

f. Envelope style construction turned edge construction with all seams inside the mattress.

g. Thickness no less than 4.5"

h. Size: 4.5 x 25 x 75 (Must Meet These Tests) Flammability and ASTM testing must meet or exceed the requirements of the following:

a. California Technical Bulletin 117

b. California Technical Bulletin 121

c. California Technical Bulletin 129

d. California Technical Bulletin 133

e. California Technical Bulletin 603

f. ASTM E 162-95 Flame Spread Test

g. ASTM D 2863-00 (Oxygen Index) Procedure "A"

h. ASTM E 662 Smoke Density Test

i. Consumer Product Safety Commission, 16 CFR 1632, Standard for the Flammability of Mattresses and Mattress Pads

j. Clean ability Standard OS #7566

k. 16 CFR 1632

I. 16 CFR 1633

Life Cycle Test: Must pass rolator test of 100,000 cycles with minimum loss of density and no cover damage.

Test Reports: Where products, materials and procedures are specified by reference to specific tests or standards, bidders must submit 2 copies of certificates from an independent testing laboratory showing satisfactory completion of specified tests and conformance to standards

Juvenile Detention Mattress requirements:

2 100 Materials: (Must Include)

1) Flame Retardant

2) Washable

Construction: (Must Include)

1) Polycore

2) Vinyl Cover

3) Core Density 14 oz

4) Size: 25" X 75" X 6"

5) Color: dark green

Must pass fire test

Total Base Bid Excluding NMGRT on Items 1 and 2 $ $

DRAFT AGREEMENT

THIS AGREEMENT, made and entered into this _________day of _________________, 2026, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and ________________________________________, (hereinafter referred to as the "Contractor").

WITNESSED:

WHEREAS, the County issued a Request for Bids for Correctional Mattresses, RFB No. 48-26-DC, attached hereto as Exhibit A; and

WHEREAS, the Contractor submitted its Bid, dated _____________ 2026, in response to RFB No. 48- 26-DC, attached hereto as Exhibit B; and

WHEREAS, the County desires to engage the Contractor to render certain goods in connection therewith, and the Contractor is willing to provide such goods.

NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows:

1. Scope of Work

As set forth in the Scope of Work section of RFB No. 48-26-DC attached hereto as Exhibit A and incorporated herein by reference and made a part of this Agreement. (OR) attached hereto as Exhibit A as supplemented by Exhibit B both of which are incorporated herein by reference and made a part of this Agreement.

2. Term

This Agreement shall become effective upon the date of final execution and shall continue for a four

(4) year period unless terminated by either party pursuant to the termination provisions contained in this Agreement.

3. Use of Contract

With the consent of the Contractor, other Central Purchasing Departments (NMSA 1978, §13-1-129) may purchase under this Agreement, provided that the goods are under the same terms and conditions as stated herein, unless a lower price is agreed to between the Central Purchasing Department and the Contractor.

4. Termination for Cause

If, through any cause, the Contractor fails to fulfill the Contractor’s obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of any part of this Agreement, the County shall have the right to cancel the Agreement.

The County reserves the right to recover any excess cost incurred by the repurchase by deduction from an unpaid balance due to the Contractor, or any other legal method. Cancellation shall be done by giving written Notice of Cancellation to the Contractor. The Notice of Cancellation shall include the effective date of cancellation.

The official address of the County is: The official address of the Contractor is:

Bernalillo County Procurement & Business Services ______________________________ 415 Silver Ave. SW, 6th Floor ______________________________ Albuquerque, NM 87102 ______________________________

5. Termination for Lack of Appropriations

The terms of this Agreement are contingent upon the County Commission making the appropriations and authorizations necessary for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

6. Termination for Convenience of County

The County may terminate this Agreement at any time by giving at least thirty (30) calendar days notice in writing to the Contractor. If the Agreement is terminated by the County as provided herein, the Contractor will be paid in the amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments previously made.

7. Termination by Contractor

The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty

(60) calendar days prior to the expiration of each year of the term of this Agreement. The expiration of each year for termination purposes shall be defined as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement.

8. Compensation and Method of Payment

A. The County will pay to the Contractor in full payment for services rendered, the sum of $_____________ or at the rates listed in Exhibit ___, attached hereto, plus applicable New Mexico Gross Receipts Tax, which constitutes full and complete compensation for the Contractor’s services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such services.

B. Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice. Except as otherwise agreed to, late payment charges may be assessed against the County in the amount and under the conditions set forth in County Ordinance §2-381.

C. Invoices shall be mailed, faxed, or e-mailed to: Bernalillo County Accounts Payable Office, 415 Silver Ave. SW, 6th Floor, Albuquerque, New Mexico 87102, Fax Number (505-468-7201) or E- Mail Address: accountspayable@bernco.gov.

9. Independent Contractor

Neither the Contractor nor its employees are considered to be employees of the County for any purpose whatsoever. The Contractor is considered to be an Independent Contractor at all times in the performance described herein. The Contractor further agrees that neither it nor its employees are entitled to any benefits from the County under the provisions of the Worker's Compensation Act of the State of New Mexico, or to any of the benefits granted to employees. The Contractor shall not accrue leave, retirement, workers’ compensation benefits, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County shall provide no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable by it for income tax purposes as applicable for self-employment or business income, and New Mexico Gross Receipts Tax, as applicable.

10. Personnel

A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the Scope of work as described under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the County.

B. The Scope of work required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in performing the Scope of work shall be fully qualified and shall be authorized or permitted under federal, state and local laws to perform such Scope.

C. None of the Scope of Work covered by this Agreement shall be subcontracted without the prior written approval of the County. Any portion of the Scope of Work subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

11. Indemnity

The Contractor shall defend, indemnify and forever hold and save the County, its elected officials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys’ fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its officers, employees, servants or agents.

12. Insurance

Prior to the commencement of the work to be performed under this Agreement, and until final acceptance by Bernalillo County or work covered, the Contractor shall procure and maintain at the Contractor’s expense, insurance coverages and limits shown below. This insurance shall be provided by insurance company authorized to do business in the State of New Mexico and in good standings based on the A.M. Best rating of A- or better or the Standards and Poors’ rating of AA or better. Said polices shall cover all cover the services and operations under this contract or agreement whether performed by the Contractor, the Contractor’s agents, employees or by a subcontractor authorized by the contractor with a current Certificate of Insurance provided to the Contractor and listing the County as an “additional insured” and maintaining it for the duration of this agreement. All insurance shall remain in full force and effect for the entire period of the work, up to and including final acceptance and the removal of all equipment and employees, agents and subcontracts therefrom, or as otherwise indicated in this Agreement. Where required in this Agreement, an Additional Insured Endorsement Form shall be supplied with each Certificate of Insurance.

A. Commercial General Liability, which shall be written on an occurrence form with coverage at least as broad as a standard ISO CG 00 01 occurrence form, including operations, products and completed operations, and contractual liability with limits not less than:

$1,000,000 Per Occurrence $2,000,000 Aggregate $2,000,000 Prod & Completed Operations $2,000,000 Aggregate

1. The Commercial General Liability Coverage shall include the following endorsements:

a. The County, its officials, agents, and employees shall be included as Additional Insureds (“Additional Insureds”) using ISO Additional Insured endorsements CG 20 10 (ongoing operations) and CG 20 37 (completed operations) or a blanket additional insured endorsement. If the blanket additional insured endorsement is used, premises and operations as well as products-completed operations coverage must be provided for the Additional Insureds

b. A Waiver of Subrogation endorsement in favor of the Additional Insureds or a blanket waiver of subrogation endorsement.

c. A Primary, Non-contributory endorsement in favor of the Additional Insureds or a blanket primary, non-contributory endorsement

d. Written notice of cancellation to Bernalillo County, providing 30-days prior notice of cancellation or non-renewal, excepting only non-payment of premium, which shall require 10-days prior written notice. All insurance documents must be delivered to the Risk Management, 415 Silver Ave SW Albuquerque, New Mexico 87102

2. The Commercial General Liability Coverage shall not include the following endorsements:

a. Amendment of Contractual Liability.

b. Total Pollution Exclusion.

c. Cross Claims or Cross Suits Liability Exclusion.

d. X, C, U Exclusion (Explosion, Collapse, and Underground Hazard

B.