1-RFP 26-02 Inmate Commissary for Eddy County Detention Center.pdf

EDDY COUNTY

STATE OF NEW MEXICO

REQUEST FOR PROPOSAL 26-02

INMATE COMMISSARY SERVICES FOR

EDDY COUNTY DETENTION CENTER

Commodity Code(s): 680-70

EDDY COUNTY

101 W. GREENE ST.

CARLSBAD, NM 88220

Issued Date: April 14, 2026

Proposal Deadline: April 29, 2026 at 2:00 PM MST

RFP 26-02 Inmate Commissary Services for Eddy County Detention Center

Contents

EDDY COUNTY ELECTRONIC PROCUREMENT PORTAL

I. INTRODUCTION

II. DEFINITION OF TERMINOLOGY

III. CONDITIONS GOVERNING PROCUREMENT

IV. GENERAL REQUIREMENTS

V. RESPONSE - FORMAT AND ORGANIZATION

VI. EVALUATION

VII. EVALUATION PROCESS

Appendices

ACKNOWLEDGEMENT OF RECEIPT FORM

LETTER OF TRANSMITTAL FORM

STATEMENT OF COMPLIANCE

CONFLICT OF INTEREST DECLARATION

AFFIDAVIT OF NON-COLLUSION

NEW MEXICO RESIDENT BUSINESS PREFERENCE CERTIFICATION

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

SAMPLE AGREEMENT A-26-XX

EDDY COUNTY ELECTRONIC PROCUREMENT PORTAL

Eddy County has partnered with Euna Procurement, formerly known as Bonfire Interactive, to move all Bid and RFP submissions to a fully digital platform. This is an effort to streamline the procurement process and make working with Eddy County easier and efficient.

The Eddy County Procurement Portal, hosted by Euna Procurement, can be accessed here:

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

All interested vendors must register on the Eddy County Procurement Portal. During registration, it is recommended that vendors link relevant commodity codes to their profiles to receive automatic notifications of new opportunities matching their services or products.

How to Register

1. Visit https://www.co.eddy.nm.us/

2. Click on the Business tab

3. Go to BID / RFP Opportunities

4. Select BID / RFP Vendor Registration Instructions

For assistance please visit the Vendor Registration Help page or contact the Eddy County Chief Procurement Officer with any questions at agranger@co.eddy.nm.us https://coeddynm.bonfirehub.com/portal/?tab=openOpportunities https://www.co.eddy.nm.us/ https://customer.eunasolutions.com/public/s/article/vendor-registration

I. INTRODUCTION

PURPOSE OF THIS REQUEST FOR PROPOSALS

The Board of Eddy County Commissioners is requesting qualification-based competitive proposals for Inmate Commissary for the Eddy County Detention Center. Proposals will be accepted until 2:00 P.M. Mountain Time, April 29, 2026 via the Eddy County Procurement Portal.

Proposals that are received will be reviewed by an evaluation committee that will provide a recommendation for award to the Board of County Commissioners based on the highest ranking offer in regard to specific criteria outlined in this Request for Proposals. Eddy County reserves the right to accept or reject any proposal or any part thereof; to defer action on the request for proposals; to reject all proposals; to waive any technicalities or informalities in solicitation process and to accept the proposal which, in its judgment, is most advantageous to the County.

SCOPE OF WORK

Eddy County, New Mexico, is seeking proposals from qualified firms for Inmate Commissary for Eddy County Detention Center. The successful offeror will be responsible for facilitating commissary services for both the male and female facilities. All work performed regarding Commissary Services pursuant to this RFP will be under the direction of the Warden of the Eddy County Detention Center.

1. Goals & Objectives

To provide County approved inmate commissary service to the Eddy County Adult Male and Adult Female Detention Facilities, at a minimum of 1 time per week, 52 weeks a year.

2. Services Requested

A. Contractor shall maintain a large selection of items to be made available through the commissary program. The County shall approve all items to be made available at the Eddy County Detention Facilities.

B. Purchase and payment of inventory will be the sole responsibility of the Contractor.

1. Inmates will be able to purchase from the Commissary at a minimum of once per week. All sales will be made via ECDC Facilities Inmate Telecommunication System Provider, allowing the ability to order directly from the contractor.

2. Contractor will package and seal all orders and deliver fulfilled as per schedule agreed upon by Eddy County, not exceeding 1 week.

3. Contractor will provide, purchase and maintain custody of inventory and deliver items mutually agreed upon between the Contractor and the County to the inmates of the Eddy County Detention Facilities.

4. Contractor shall start providing services within (30) days of execution of a mutually agreed upon contract.

5. Contractor shall provide telephone pin numbers to inmates through the Commissary Service.

6. Contractor shall be capable of providing one kiosk machine for the main lobby and an additional kiosk for the primary booking area of the facility, if and when the County elects to utilize such equipment.

7. Contractor shall provide personnel to issue credits, sort and distribute all commissary items to inmates.

8. Contractor shall be capable of interfacing, at no additional cost to the County, with a prepaid card program for the distribution of funds to individuals upon release from custody, also at no cost to the County. The County’s preferred provider for such services is Numi Financial.

3. System Specifications

A. Contractor shall provide all hardware and software, including system backup, for a computerized Inmates Accounts System to keep accurate and complete records of all commissary activity and balances of individual accounts. Existing information should be transferred if necessary.

B. Any interface with the Detention Centers existing Jail Management System shall be provided at no additional cost to the County.

C. The system shall allow any designated Detention staff person to open an inmate account by using the inmate identification number issued at the time of booking, and then to enter into the computer system the amount of money in the inmates possession at that time.

D. The system shall allow for a minimum of the following functionality and types of transactions to occur on the inmate’s account.

1. Add funds to an account

2. Close an account with a detailed statement and pay the inmate’s balance by check

3. Deduct commissary and other charges in real time

4. Process Credits

5. Allow for the addition of inmate information to control commissary purchases (i.e., disciplinary controls)

6. Allow inmate funds to be electronically transferred to other facilities

7. System must be able to be networked so that the system can be accessed from any

Detention Computer

E. The system shall allow for the ability to post:

1. Secure daily deposits both on and off-site

2. Deposit corrections

3. Off-site solutions shall provide, at a minimum, web based deposits and a toll free number for deposits, all of which must be made in real time

4. Off-site deposits must accept both credit/debit cards for transaction. Off-site deposits shall be secure in accordance with industry standards

F. The system shall provide a complete audit trail of all transactions. The audit trail should include operator identification, date of all entries, and updates to records.

G. The system shall provide a series of reports as specified by the County, including:

Detailed weekly invoices, cash reconciliation, and records of charges to inmates for other services, such as medical and haircuts. Reporting capabilities shall be available on any and all fields.

H. The system shall provide various levels of security, including password control and tracking of transactions by individual and station, shall be present in the software system. These levels will have the capability to be customized by the jail site manager.

I. The contractor shall install the system, train County personnel, provide documentation and provide a toll free 24 hour emergency “hot line” to insure maximum utilization and minimal down time of the inmate accounts system.

J. The contractor shall provide continuing support for software and hardware throughout the length of the contract. Support to include correcting program and system problems plus updates and enhancements to the software.

K. The contractor shall provide receipt paper and ink cartridges for the check printers and ATM machines.

ASSUMPTIONS / CONSTRAINTS PREFERENCES

Eddy County will not consider proposals which appear to offer less than what is requested in the request proposal.

CONTRACT TERM

It is anticipated that the initial term of this contract will be for one (1) year, commencing upon full execution of the agreement(s). The County reserves the right to renew or extend any contract on an annual basis (or any portion thereof) for up to three (3) additional one-year terms and shall be subject to the same terms and conditions as set forth in the original agreement. Any such renewal or extension shall be subject to mutual written agreement by both parties. Under no circumstances will the total term of this contract exceed four (4) years. This procurement will result in a single-source award.

PROCUREMENT ADMINISTRATOR

The Procurement Administrator listed below is the official point of contact for this procurement.

All questions or requests for clarification must be submitted in writing directly to the Procurement Administrator. Offerors are only permitted to communicate with the Procurement Administrator regarding this RFP. No other Eddy County employees, department heads, or managers are authorized to speak on behalf of the County for this solicitation. Contacting anyone else in the County may result in disqualification of the offeror’s proposal.

Procurement Administrator AdriAnne Granger, CPO

Phone: 575-887-9511 Ext. 2525 Fax 575-628-3275

Email: agranger@co.eddy.nm.us mailto:agranger@co.eddy.nmn.us

II. DEFINITION OF TERMINOLOGY

This section contains definitions that are used throughout this procurement document, including appropriate abbreviations.

1. “Board of County Commissioners” (also “BOCC”) means the elected board in whom all powers of the County are vested and who are responsible for the proper and efficient administration of the County government.

2. “Close of Business” means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MDT), whichever is in effect on the date specified.

3. “Contract” or “Agreement” means a written agreement for the procurement of items of tangible, personal property or services.

4. “Contractor” means a successful offeror who enters into a binding contract.

5. “County” means the County of Eddy, State of New Mexico.

6. “Determination” means the written documentation of a decision of the Procurement

Administrator including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

7. “Desirable” refers to the terms “may”, “can”, “should”, “preferably” or “prefers” which identify a discretionary item or factor. (As opposed to a “mandatory” item or factor.)

8. “Evaluation Committee” means a body appointed by County management to perform the evaluation of offeror proposals.

9. “Evaluation Committee Report” means a report prepared by the Procurement Administrator and the Evaluation Committee for submission to appropriate approval authorities for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

10. “Finalist” is defined as an offeror who meets all the mandatory specifications of this Request for Proposal and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

11. “Mandatory” refers to the terms “must”, “shall”, “will”, “is required” or “are required,” which identify a required item or factor. (As opposed to a “desirable” item or factor.) Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal.

12. “Offeror” is any person or entity who chooses to submit a proposal.

13. “Procurement Administrator” means the person or designee authorized by the County to manage or administer a procurement requiring the evaluation of competitive sealed proposals; also referred to as “Chief Procurement Officer” or “Chief Procurement Officer,” in this document and attachments.

14. “Procuring agency of the County” or “Requesting Department” means the department or other subdivision of Eddy County that is requesting the procurement of services or items of tangible personal property.

15. “Purchase Order” or “PO” means the document that directs a contractor to deliver items of tangible personal property or services pursuant to an existing, valid contract.

16. “Purchasing” means Eddy County Purchasing Office or the Eddy County Chief Procurement Officer.

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

18. “Responsible Offer”, “Responsive Proposal” or “Submissions” means an offer or proposal that conforms in all material respects to the requirements set forth in the request for proposals.

Material respects of a request for proposal include, but are not limited to, price, quality, quantity and delivery requirements.

19. “Responsible Offeror” means an offeror who submits a responsive proposal and who has furnished required information and data to prove that their 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 called for in this proposal.

20. “Statement of Compliance” and “Statement of Concurrence” mean an express, affirmative statement by the offeror in their proposal, which they agree with or agree to the stated requirement(s). Possible examples of acceptable responses include “The [NAME HERE] Company agrees to comply with this requirement.” “The [NAME HERE] Company agrees to participate as required.”

21. “Warden” is the person responsible for the overall management, security, and operation of a jail or prison, including the supervision and welfare of inmates and staff.

III. CONDITIONS GOVERNING PROCUREMENT

This section outlines the general requirements and sequence of events governing this procurement process.

A. SEQUENCE OF EVENTS

The Procurement Administrator will make every effort to adhere to the following schedule:

ACTION RESPONSIBILITY DATE

1. Issue RFP Procurement Administrator 4/14/2026

2. Return of Acknowledgement of Receipt Interested Offerors 4/21/2026

3. Deadline to Submit Questions Interested Offerors 4/22/2026

4. Response to Written Questions / Addenda

Procurement Administrator 4/27/2026

5. Submission of Proposal Interested Offerors 4/29/2026 @ 2:00 PM

MDT

6. Public Opening Procurement Administrator 4/29/2026 @ 2:00 PM MDT

7. Proposal Evaluation Evaluation Committee 4/29/2026 – 5/6/2026

8. Interviews Procurement Administrator As Needed

9. RFP Award* BOCC 5/19/2026

10. Protest Deadline Offerors 15 days after Notice of

Award *Schedule is subject to change at the discretion of Eddy County*

B. EXPLANATION OF EVENTS

The following provides additional detail on the sequence of events listed above:

1. Issue RFP This RFP is being issued by the Eddy County Procurement Administrator on behalf of the Eddy County Detention Center.

2. Return of “Acknowledgement of Receipt” Form for Distribution List Interested Offerors are encouraged to return the Acknowledgement of Receipt form (located in the Appendices) by hand-delivery, mail, fax, or preferably by email. The form must be signed by an authorized representative, dated, and returned by close of business on the date listed in the Sequence of Events.

Offerors who submit the form will be added to the distribution list to receive written responses to questions and any RFP amendments. Offerors who fail to submit the form may not receive crucial updates that could affect their proposal.

3. Deadline to submit written questions Interested Offerors may submit written questions about the intent or clarity of this RFP until the deadline listed in the Sequence of Events. All written questions must be submitted by e-mail to the Procurement Administrator specified in this RFP. Phone inquiries will NOT be accepted.

4. Response to written questions / RFP Addenda Written responses to submitted written questions, along with any amendments to the RFP, will be posted on the County’s website and Procurement Portal. These updates will also be emailed to all parties who submitted an Acknowledgement of Receipt form.

5. Submission of Proposal a.) Proposal must be received no later than the date and time indicated in this RFP to be considered. Late submissions will not be accepted or considered.

b.) Any proposal that does not adhere to the specified format, and which does not address each specification, requirement and criteria within this RFP may be deemed non-responsive and rejected on that basis.

c. The Offeror shall assume full responsibility for timely delivery of proposals to Eddy County.

d. If a proposal contains an error and the mistake is discovered before the official opening; the Offeror may modify or withdraw their submission electronically prior to the deadline set for proposal opening. To do so, the Offeror must submit a written notice through the Procurement Portal or by email to the Procurement Administrator. Withdrawn proposals may be corrected and resubmitted electronically, as long as they are received by the designated date and time and comply fully with the requirements outlined in the RFP. At no time may Eddy County personnel assist in the modification, correction, or withdraw of any proposal prior to the official opening date and time.

6. Proposal Evaluation The evaluation of proposals will be performed by an Evaluation Committee appointed by County Management and the Procurement Administrator. During this time, the Procurement Administrator may, at their option, initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, however, proposals may be accepted and evaluated without such discussion. Discussion SHALL NOT be initiated by the Offerors.

Selection / Notification of Finalist The Evaluation Committee may select, and the Procurement Administrator may notify “finalist” offerors. Only finalist offerors will be invited to participate in the subsequent steps of the procurement. The Evaluation Committee reserves the right not to utilize the finalist process if they deem it in the best interest of the County.

7. Contract Negotiations / Finalize Agreement If necessary, contract negotiations may commence with the most advantageous offeror. In the event mutually agreeable terms cannot be reached within the time specified, the County reserves the right to finalize the contract with the next most advantageous offeror without undertaking a new procurement process.

8. Contract Award After reviewing the Evaluation Committee Report and the tentative contract, the Purchasing Agent anticipates the Board of County Commissioners will award the contract on the date indicated in the Sequence of Event. This date is subject to change at the discretion of the Board of County Commissioners. Any contract awarded shall be awarded to the offeror whose proposal is most advantageous to the County, taking into consideration the evaluation factors set forth in this RFP.

9. Protest Deadline Any protest by an Offeror must be timely and must comply with NMSA 1978 Sections 13-1-172 through 13-1-176, as well as the Eddy County Procurement Policy. The protest period for timely Offerors is fifteen (15) calendar days following the notice of intent to award, Protest must be submitted in writing and must include:

• The name and address of the protestor

• The Request for Proposal (RFP) number

• A detailed statement of the grounds for protest, including any supporting documentation.

• The specific ruling requested from the Chief Procurement Officer.

Protest may be submitted electronically via email to the Chief Procurement

Officer at agranger@co.eddy.nm.us, or deliver a hard copy to:

Eddy County Attn: AdriAnne Granger, CPO

101 W. Greene St.

Carlsbad, NM 88220

Penalties NMSA 1978, section 13-1-28 through 13-1-199 of the Procurement Code, 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.

IV. GENERAL REQUIREMENTS

This procurement will be conducted pursuant to the Competitive Sealed Proposals process as defined in NMSA 1978, Section 13-1-111. Both the solicitation and any resulting contract will comply with all applicable requirements of the New Mexico Procurement Code.

1. Acceptance of Conditions Governing Procurement Offerors must indicate their acceptance of the Conditions Governing Procurement in the letter of transmittal form. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

2. Incurring Cost

Any cost incurred by the Offeror in the preparation, transmittal, presentation of any proposal or material, or negotiation associated with its response to this RFP shall be borne solely by the offeror.

mailto:tlopez@co.eddy.nm.us

3. Prime Contractor Responsibility

Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the County. The County will only make contract payments to the prime contractor.

4. Subcontractor

The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the County subcontractor which is used during the term of this agreement. Use of subcontractors must be clearly explained in the proposal, and each must be identified by name. Substitution of subcontractors, after contract award, must receive prior written approval of the Department Head, County Manager and/or their designee.

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. County personnel will not merge, collate, or assemble proposal materials.

6. Offerors’ Rights to Withdraw 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 signed by the offeror’s duly authorized representative addressed to the Procurement Administrator. The approval or denial of withdrawal request received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after the due date for the receipt of a best and final offer, if one is solicited.

8. Disclosure of Proposal Contents

The proposals will be kept confidential until a contract is awarded by the awarding authority. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material which is proprietary or confidential. The Procurement Administrator 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. Provide redacted and unredacted versions if applicable.

Proprietary or confidential data shall be readily separable from the proposal to facilitate eventual public inspection of the remaining portions of the proposal. Confidential data is 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, NMSA 1978

57-3A-I to 57-3A-7. The price of products offered, or the cost of services proposed, shall not be designated as proprietary of confidential information.

If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the Chief Procurement Officer shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates Eddy County or any of its departments or other subdivisions to the eventful lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Procurement Administrator and other required approval authorities.

10. Termination

This RFP may be canceled at any time and any, and all, proposals may be rejected as a whole or in part when the County determines such action to be in the best interest of the County.

11. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effective upon County’s sending written notice to the contractor. The County’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

Legal Review

The County requires that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Procurement Administrator.

Governing Law

This procurement and any agreement with offerors that may result shall be governed by the laws of the State of New Mexico.

Basis for Proposal

Only information supplied by the County in writing through the Procurement Administrator or in this RFP should be used as the basis for the preparation of offeror proposals.

Contract Terms and Conditions

The contract between the County and the contractor will follow the format specified by the County and contain the terms and conditions set forth in a negotiated contract following the intent to award. The contents of this RFP, as revised or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of the contract. The County reserves the right to negotiate provisions in addition to those contained in the RFP Sample Contract with any offeror.

Eddy County discourages exceptions from the contract terms and conditions as set forth in the RFP Sample Contract. Such exceptions may cause a proposal to be rejected as non-responsive when, in the sole judgement of the County (and its evaluation team), the proposal appears to be conditioned on the exception or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require substantial proposal rewrite to correct.

Should an offeror object to any of the County’s terms and conditions as contained in this RFP strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The County may or may not accept the alternative language, at the County’s sole discretion. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Sample Contract are not acceptable to the County and will lead to 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 in order for the proposed alternate wording to be considered.

If an Offeror fails to propose any alternate terms and conditions during the procurement process (The RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

Offeror’s Terms and Conditions

Offerors must submit with their proposal a complete set of any additional terms and conditions which they request are included in a contract negotiated with the County. The County may or may not accept the additional language, at the County’s sole discretion.

Contract Deviations

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

Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the offeror to adhere to the requirement specified within this RFP. The Evaluation Committee will reject the proposal of any offeror who is not responsible offeror or fails to submit a responsive offer as defined in NMSA 1978 Section 13-1-83 and 13-1-85.

Disclosure Regarding Responsibility

Any prospective Responsible Offeror and/or any of its principals who seek to enter into a contract greater than twenty thousand dollars ($20,000.00) with a State agency or Local Public Body for professional services, tangible personal property, services or construction agrees to disclose whether they, or any principal of their company:

a.) Are presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, State agency or local public body.

b.) Have, within a three-year period preceding this offer, been convicted of or had civil judgement rendered against them for: commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) contract or subcontract; violation of federal or state antitrust statutes related to the submission of offers; or 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;

c.) Are presently indicted for, or otherwise criminally or civilly charged by any (federal, state, or local) government entity with, commission of any of the offenses enumerated in paragraph 2 of this disclosure.

d.) Have, 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.

i. Taxes are considered delinquent if both of the following criteria apply:

(a) The tax liability is finally determined. The liability is finally determined if it has been assessed. Liability is not finally determined if there is a pending administrative of judicial challenge.

(b) In the case of a judicial challenge of liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

ii. 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 made due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

e.) 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 entity. The Offeror shall provide immediate written notice to the Procurement Administrator or Buyer if, at any time prior to contract award, the Offeror learns that its disclosure will be considered int the determination of the Offeror’s responsibility. Failure of the Offeror to furnish a disclosure or provide additional information as requested will render the Offeror non-responsive.

f.) Nothing contained in the foregoing shall be constructed to require established a system of records to render in good faith the disclosure required by this document. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The disclosure provided is a material presentation of facts upon which reliance was placed when making an award and is a continuing material representation of the facts. If, during the performance of the contract, the contractor is indicated for or otherwise criminally or civilly charged by any government entity (federal, state, or local) with commission for any offenses named in this document, the contractor must provide immediate written notice to the Procurement Administrator or Buyer. If it is later determined that the Offeror knowingly rendered an erroneous disclosure, in addition to other remedies available to the government, the SPA, BOCC 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.

Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided all otherwise responsive proposals failed to meet the same mandatory requirements or doing so does not otherwise materially affect procurement. This right is at the sole discretion of the Evaluation Committee.

Change of Contractor Representatives

The County reserves the right to require a change in contractor representative if the assigned representative is not, in the opinion of the County, meeting its needs adequately.

Notice

NMSA 1978, Sections 13-1-28 through 13-1-199 of the Procurement Code, imposes civil and misdemeanor criminal penalties for its violation. The State of New Mexico criminal statutes also impose felony penalties for bribes, gratuities and kickbacks.

County Rights

The County reserves the right to accept all or a portion of an Offeror’s proposal.

Right to Publish

Through the duration of this procurement process and contract term, potential offerors and contractors must secure from the County written approval prior to release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or termination of the contract.

Ownership of Proposals

All documents submitted in response to the RFP shall become the property of the County.

However, any technical or user document submitted with the proposal of non-selected offerors may be returned after the expiration of the protest period, by request, at the expense of the Offeror.

Ambiguity, Inconsistency or Errors in RFP

Offerors shall promptly notify the Procurement Administrator, in writing, of any ambiguity, inconsistency or error which they discovered upon examination of the RFP.

Confidentiality

Any confidential information provided to, or developed by, the offeror in the performance of any agreement resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of Eddy County.

Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence.

Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. If accepted by such means, the offeror acknowledges and accepts full responsibility to ensure that no changes are made to the RFP.

Default

The County reserves the right to cancel all, or any part of any orders placed under this contract without the cost to the County, if the Contractor fails to meet the provisions of this contract and, except as otherwise provided herein, to hold the Contractor liable for any excess cost caused by the County 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, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the County 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 State provided by the law or under this contract.

Conflict of Interest

The Offeror warrants by submitting a proposal that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance or services required. The Offeror certifies that the requirements of the Governmental Conduct Act, NMSA 1978, Section 10-16-1 through 10-16-18, regarding contracting with a public officer or state employee of former state employee have been followed.

Campaign Contribution Disclosure Form

Offeror must complete, sign and return the included Campaign Contribution Disclosure Form as part of its proposal. This requirement applies regardless of whether a covered contribution was made or not made. Failure to complete and return the signed unaltered form will result in disqualification.

Preferences

The New Mexico Procurement Code provides for preference for eligible in-state businesses, veteran and Native American businesses, under certain conditions. If applicable, preference will be provided to those bidders that have provided a valid preference certificate with their proposal.

In order for an Offeror to receive the New Mexico preference, the Offeror must submit a copy of their preference certificate with their proposal. The preference certificate must have been issued by the New Mexico Taxation and Revenue Department. Providing only a preference number or copy of a submitted application is not acceptable and will not qualify the Offeror for any preference. For more information, or to obtain application forms, please go to:

https://www.tax.newmexico.gov/businesses/business-preference-certification/

Preferences do not apply to contracts that use federal funds.

V. RESPONSE - FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Interested Offerors may submit only one (1) electronic proposal to this RFP.

B. PROPOSAL FORMAT

Ability to follow instructions is of the utmost importance to Eddy County. Attention to detail shows evaluation team your level of commitment to this RFP and your work as an organization.

Proposals not following format may be deemed non-responsive and rejected on a basis.

The preferred method of submission is in PDF format and following the specified order below:

1. Letter of Transmittal (Appendix A)

2. Table of Contents

3. Contractors related experience

4. Qualifications of Contractor

5. Proposal Price

6. References and Past Performance

7. All required Proposal Forms: Please refer to following chart; under Evaluation-(See Appendices)

8. Copies of any required and desired supporting documentation and information

• Response to Agency Terms and Conditions (if any)

• Offeror’s Additional Terms and Conditions (if any)

Within each section of the proposal, offeror should address the items in the order in which they appear in this RFP. Any forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis.

Page Limit: 40 pages https://www.tax.newmexico.gov/businesses/business-preference-certification/

VI. EVALUATION

A. POINT VALUES

The following is a summary of evaluation factors with point values assigned to each. These weighted factors will be used in the evaluation of individual potential Offeror proposals by sub-category. Proposals will be scored on a 1000-point scale by the County evaluation committee:

Factor Points Possible Contractors related experience 200 Qualifications of Contractor 250 Proposal Price 300 Work as outlined 250

Total Possible Points 1000

Required Forms (Appendices) Scoring Letter of Transmittal Pass / Fail Statement of Compliance Pass / Fail Conflict of Interest Declaration Pass / Fail Affidavit of Non-Collusion Pass / Fail New Mexico Resident Business Preference Certificate Pass / Fail Campaign Contributions Disclosure Form Pass / Fail

C. CRITERIA

Proposal Evaluation – Proposals will be evaluated by an evaluation committee. Criteria for selection of the best proposal (with maximum point value) are listed below.

1. Contractors related experience 200 points

• Experience and expertise in correctional facilities.

• Experience in commissary services to other facilities of similar size and volume.

• Experience of Staff, District Manager and Transition team.

2. Qualifications of Contractor 250 points

• The bidder shall provide clear, complete, concise and accurate technical descriptions of the proposed system. The package shall include, but not be limited to, descriptions of all services required by the specifications.

• The contractor shall provide with its proposal, outline of structure of its organization and of the number of personnel to be utilized to provide said contracted services along with individual job descriptions and levels of responsibility to Contracting Officer.

• The Contractor will include with the proposal. One copy of the latest published annual report for the company or submit satisfactory written evidence of the financial stability of the organization.

3. Proposal Price 300 points

• Net financial return (net commission) to the County, without inflating the pricing to inmates in order to provide a higher commission.

• The evaluation of each offeror’s cost proposal will be conducted using the following formula:

• Price of lowest offeror/Price of this Offeror * Max Points Available o Example:

o Offeror A - $6,000 o Offeror B - $6,500 o Offeror C - $8,000 o Maximum Points Available – 50pts

Offeror A - Receives full score of 50pts Offeror B - $6,000/$6,500*50 = 46pts Offeror C - $6,000/$8,000*50 = 37pts

4. Work as outlined 250 points

• Contactor must provide a detailed work plan

Total 1000 points

VII. EVALUATION PROCESS

1. Initial Review Proposals will be evaluated in accordance with the New Mexico Procurement Code (NMSA 1978) and County procurement policies. All proposals will first be reviewed in compliance with the mandatory requirements stated in this RFP, and any proposal deemed non-responsive to a mandatory requirement will be eliminated from further consideration. Award will be made to the Offeror(s) whose proposal is determined to be most advantageous to the County, taking into consideration price and the evaluation factors set forth below.

2. Clarifications The Procurement Administrator may contact the offeror for clarification on the response.

3. Other Information Sources The Evaluation Committee may use other sources of information to perform the evaluation.

4. Scoring and Contract Award Recommendation Responsive proposals will be evaluated by an Evaluation Committee and assigned point values based on the factors in this RFP. Finalist offerors may be asked to submit revised proposals or pricing for the purpose of obtaining best and final offers. The County may, at their discretion, choose to negotiate with the highest-ranking offeror any aspect of this RFP or the proposal submitted prior to awarding. The responsible offeror, whose proposal is deemed most advantageous to the County, taking into consideration the evaluation factors in this RFP, may be recommended for contract award and for consideration by any other required approving authorities. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

5. Demonstrations/Interviews (Optional): Shortlisted Proposers may be invited to participate in interviews or provide presentations/demonstrations to clarify aspects of their proposals.

Appendices

ACKNOWLEDGEMENT OF RECEIPT FORM

This Acknowledgement of Receipt Form should be signed and submitted by the date specified in the Sequence of Events or as soon as possible thereafter (note that submitting after the date specified in the Sequence of Events may result in missed distributions and Offerors should verify with the County to see if any documents have been issued before submittal of this form.) Only potential Offerors who elect to return this form will receive copies of all submitted questions and written responses to those questions, as well as any RFP amendments, if any are issued.

In acknowledgement of receipt of this Request for Proposal, the undersigned agrees that he or she has received a complete copy of the RFP, beginning with the title page, and ending with.

ORGANIZATION: _____________________________________________________________

CONTACT NAME: _____________________________________________________________

TITLE: _______________________________________PHONE NO.: _____________________

E-MAIL: ______________________________________________________________________

ADDRESS: ___________________________________________________________________

CITY: ___________________________ STATE: ____________ ZIP CODE: _______________

This name and address will be used for all correspondence related to the Request for Proposal.

Submit

Acknowledgement of Receipt Form to:

Subject Line: RFP 26-02 Acknowledgement of Receipt Form To: AdriAnne Granger, Procurement Administrator

E-mail: agranger@co.eddy.nm.us

LETTER OF TRANSMITTAL FORM

APPENDIX A

ITEMS #1 to #2 EACH MUST BE COMPLETED IN FULL. Failure to respond to all items

MAY RESULT IN THE DISQUALIFICATION OF THE PROPOSAL. DO NOT LEAVE

ANY ITEM BLANK.

(N/A, None, Does not apply, etc. are acceptable responses.)

1. Identify the following information for the submitting organization:

Offeror/Company

Mailing Address

Telephone

FED ID#

NM CRS#

2. Identify the individual(s) authorized by the organization to (A) contractually obligate,

(B) negotiate, and/or (C) clarify/respond to queries on behalf of this Offeror:

A Contractually Obligate

B Negotiate*

C Clarify/Respond to Queries*

Name

Title

E-mail

Telephone

* If the individual identified in Column A also performs the functions identified in Columns B & C, then no response is required for those Columns. If separate individuals perform the functions in Columns B and/or C, they must be identified.

By signing the form below, the Authorized Signatory attests to the accuracy and veracity of the information provided on this form, and explicitly acknowledges the following:

• On behalf of the submitting-organization identified in item #1, above, I accept the Conditions

Governing the Procurement as set forth in this RFP.

• I concur that submission of this proposal constitutes acceptance of all terms and conditions contained in this RFP (unless specifically noted or taken exception to otherwise in my proposal).

________________________________________________ _____________, 20______ Authorized Signature and Date (Must be signed by the individual identified in item #2.A, above.

STATEMENT OF COMPLIANCE

APPENDIX B

The Proposer must sign one, and only one, of the declarations stated below.

Either: No Exceptions Taken.

The undersigned declares that the proposal submitted by _______________________________ (Name of business) will provide items and/or services as specified in strict compliance with the instructions, conditions and terms listed in this RFP, with no exceptions taken.

Signature Date

Printed Name and Title

Or Exceptions Taken.

By signing below, the Offeror acknowledges that the proposal submitted by (Name of Business) _______________________________ has been prepared in consideration of and with exception to one or more of the requirements or terms specified in this RFP or proposed contract. By signing below, the Offeror declares their proposal includes a page(s) clearly labeled “Exceptions to Specifications” which identifies each item to which the proposal is taking exception or is proposing change to, including any suggested rewording of the contractual obligations, and identifies the reasons for submitting the proposed exception or change. Eddy County reserves the right to reject any declarations of exception that are not accompanied by the required documentation or to accept or reject any proposal based on any exception taken. Offeror must attach separate sheet(s) detailing exceptions if this option is selected

Signature Date

Printed Name and Title

CONFLICT OF INTEREST DECLARATION

APPENDIX C

Offeror represents and warrants the following:

1. No Current or Prior Conflict of Interest. The Offeror has no business, professional, personal, or other interest, including, but not limited to, the representation of other clients, that would conflict in any manner or degree with the performance of its obligations as specified and set forth in this RFP or any contract entered into pursuant to award under this RFP.

2. Notice of Potential Conflict. If any such actual or potential conflict of interest arises, Offeror/contractor shall immediately inform EDDY COUNTY in writing of such conflict.

3. Termination for Material Conflict. If, in the reasonable judgment of the County such conflict poses a material conflict to and with the performance of Contractor's obligations, then the County may modify or terminate the contract upon written notice to Contractor.

4. If the…