EDDY COUNTY

STATE OF NEW MEXICO

REQUEST FOR PROPOSAL 26-03

On-Call Architecture Services for Eddy County

Commodity Code(s): 906-00, 906-04, 906-07, 906-10, 906-38

EDDY COUNTY

101 W. GREENE ST.

CARLSBAD, NM 88220

Issued Date: May 4, 2026

Proposal Deadline: May 21, 2026, at 2:00 PM MST

RFP 26-03 On-Call Architecture Services for Eddy County

Contents

EDDY COUNTY ELECTRONIC PROCUREMENT PORTAL

I. INTRODUCTION

II. DEFINITION OF TERMINOLOGY

III. SEQUENCE OF EVENTS

IV. GENERAL REQUIREMENTS

V. FEDERAL REQUIREMENTS

VI. RESPONSE - FORMAT AND ORGANIZATION

VII. EVALUATION

VIII. EVALUATION PROCESS

Appendices

ACKNOWLEDGEMENT OF RECEIPT FORM

LETTER OF TRANSMITTAL FORM

STATEMENT OF COMPLIANCE

CONFLICT OF INTEREST DECLARATION

AFFIDAVIT OF NON-COLLUSION

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

COST PROPOSAL

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 IFB 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

Eddy County is hereby seeking formal, sealed proposals from qualified companies authorized to do business in the State of New Mexico to provide General Architectural Services on an as per job basis for local, state, federally funded infrastructure and capital projects. These projects involve a variety of architectural disciplines listed within this RFP. This procurement will result in a multiple source award.

SCOPE OF WORK

The successful Offeror(s) will provide various architectural services as directed by and under the supervision of designated County personnel, pursuant to set standards for such services and by conditions of any project’s specifications and contract documents. The services to be performed may consist of any of the following architectural professional services but are not limited to:

a. Evaluation, programing, design, bidding, contract administration and construction management of new building construction and improvements to existing buildings and other Architectural projects or related improvements. The services to be provided during each phase are listed below and shall include all consulting services required by the Architect to complete the services described herein.

Evaluation & Planning Services

● Site Master Plans

● Programming

● Existing Facilities Surveys

● As-builts of Existing Facilities

● Conditions Assessment

● Economic Feasibility Studies

● Site Analysis, Selection and Development Planning

● On Site & Off Site Utility Studies

● Environmental Studies and Reports

● Zoning Review ●Prepare grant application ●Grant management

Design Services

● Code Review

● Civil Design

● Development of Standard Specifications

● Architectural Design

● Interior Design

● Structural Design

● Mechanical Design

● Electrical Design

● Sustainable Design experience desirable

● Materials Research and Specifications

● Cost Estimating

● Architectural Renderings/Models

● Independent Design Review/Third Party Design Review

Bidding

● Bidding Documents

● Addenda/Responding to Offeror’s Inquires

● Bidding

● Analysis of Alternates and Substitutions

● Bid Evaluation

Contract Administration and Construction Management

● Submittal Evaluations

● On-site inspection of work

● Supplemental Documentation

● Change Order Evaluation

● Start up Assistance

● Record Drawings

● Operations and Maintenance Programing

● Warranty Review

● Project Close-out

b. Technical support, surveying, drafting, geotechnical investigations and testing, potholing, environmental services, cultural resource studies, construction phase assistance, inspection services, civil, structural, electrical and mechanical engineering studies, reports and analysis. Offerors to be selected shall be qualified to provide architectural services in all of the above listed tasks.

c. Coordination with other local, state and federal agencies may be required

d. Compensation: The fee for each “project” will be a lump sum total including reimbursable expenses based on the scope of services necessary to complete the individual project. Architect’s fee will be based on information provided by the County in a written Task Order Form, wherein the individual projects will be defined.

The fee breakdown will be based on typical phased services as indicated below:

A. Programming B. Schematic Design Phase C. Design Development Phase D. Construction Documents Phase E. Bidding Phase F. Construction Phase G. Acceptance of Project and Delivery of Record Drawings H. Reimbursable

*Architect must be a licensed Architect in the State of New Mexico and qualified in all aspects of the aforementioned criteria.

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 multi-source award.

PROFESSIONAL LIABILITY INSURANCE

The successful offeror shall maintain professional liability insurance throughout the duration of the contract with a minimum coverage of: Comprehensive General Liability - $1,000,000 per occurrence, $2,000,000 General Aggregate, Professional Liability - $1,000,000 per occurrence, $2,000,000 General Aggregate. Occurrence type, if available, if not “claims made” type with a minimum of a six (6) year tail. The County will be named as an additional insured on said policy and will be provided with an updated certificate of insurance on an annual basis.

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.”

III. SEQUENCE OF EVENTS

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

ACTION RESPONSIBILITY DATE

1. Issue RFP Procurement Administrator 5/4/2026

2. Return Acknowledgement of Receipt Offeror 5/11/2026

3. Deadline to Submit Questions Offeror 5/13/2026

4. Response to Questions Posted Procurement Administrator 5/18/2026

5. Submission of Proposal Offeror 5/21/2026 @ 2:00 PM MST

6. Proposal Evaluation Evaluation Committee 5/21/2026 – 5/29/2026

7. Interviews Procurement Administrator As needed

8. Intent to Award RFP BOCC 6/9/2026

9. Protest Deadline Offeror 15 DAYS AFTER RFP

AWARD

*Award is subject to approval of the Board of County Commissioners and per the schedule of their meetings which is subject to change*

EXPLANATION OF EVENTS

The following paragraphs further detail the activities listed in the sequence of events shown in Section III

1. Issue RFP This Request for Proposal (RFP) is being issued by the Eddy County Procurement Administrator on behalf of Eddy County.

2. Return Acknowledgment of Receipt 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 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 Questions 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. SUBMISSIONS 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.

e.) Proposals will be opened by the Procurement Administrator via the Procurement Portal at the scheduled date and time for the submission of proposals.

6. Proposal Evaluation 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. Interviews (as needed) 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.

8. Intent to Award RFP

All awards resulting from this Request for Proposal are subject to approval by the Eddy County Board of County Commissioners at a duly noticed public meeting. The anticipated meeting date is identified above and is subject to change at the discretion of the County or the Board of County Commissioners.

9. Protest Deadline Any protest by an offer must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978 and Eddy County Procurement Policy.

Protests must be written and must include the name and address of the protestor and the Request for Proposal number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested. The protest must be delivered to:

Eddy County Attn: AdriAnne Granger, CPO

101 W. Greene St.

Carlsbad, NM 88220

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.

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.

V. FEDERAL REQUIREMENTS

(Applicable When Federal Funds Are Used)

The following federal requirements apply to this procurement because the resulting contract may be funded in whole or in part with federal funds. By submitting a proposal, the Offeror acknowledges, accepts, and certifies compliance with all requirements listed below. These provisions shall flow down to all subcontractors.

1. Uniform Guidance Procurement Standards (2 CFR 200.317–200.327) Offerors shall comply with all applicable procurement standards, including:

• Full and open competition;

• Prohibition on geographic preferences (unless expressly permitted by federal regulation);

• Prohibition on cost plus percentage of cost contracting;

• Requirement to provide cost or price information if requested;

• Cooperation with agency monitoring, oversight, and record keeping requirements.

2. Mandatory Federal Contract Provisions (2 CFR 200.327 & Appendix II) Offerors shall comply with the following federal contract provisions, as applicable to the scope of work:

A. Equal Employment Opportunity (EO 11246)

Required for contracts over $10,000. Offeror shall not discriminate in employment and shall comply with all EEO requirements.

B. Davis Bacon Act (40 U.S.C. 3141–3148) Required only for federally funded construction projects over $2,000. If applicable, Offeror shall pay prevailing wages and submit certified payrolls.

C. Contract Work Hours and Safety Standards Act (CWHSSA) Required for contracts over $100,000 involving laborers or mechanics. Offeror shall comply with overtime and safety requirements.

D. Rights to Inventions (37 CFR Part 401) Applicable to contracts involving federally funded research or development.

E. Clean Air Act & Federal Water Pollution Control Act Required for contracts over $150,000. Offeror shall comply with all applicable environmental standards.

F. Debarment & Suspension (2 CFR 180 & 2 CFR 200.214) Offeror certifies that neither it nor its principals are suspended, debarred, or otherwise excluded from federal contracting.

G. Byrd Anti Lobbying Amendment (31 U.S.C. 1352) Required for contracts over $100,000. Offeror shall submit a certification regarding lobbying and, if applicable, a disclosure form.

H. Domestic Preferences for Procurement (2 CFR 200.322) Offeror shall provide goods, products, and materials produced in the United States to the greatest extent practicable.

I. Procurement of Recovered Materials (2 CFR 200.323) For purchases exceeding $10,000 of EPA designated items, Offeror shall comply with recycled content requirements.

3. Federal Funding Accountability and Transparency Act (FFATA) For contracts of $30,000 or more, Offeror shall provide all required FFATA reporting information, including UEI number and executive compensation disclosures (if applicable).

4. Record Retention & Access (2 CFR 200.334–200.337) Offeror shall:

• Retain all records related to this contract for a minimum of three (3) years;

• Provide access to the Agency, federal awarding agency, Inspectors General, and auditors upon request.

5. Civil Rights & Non Discrimination Requirements Offeror shall comply with all applicable federal civil rights laws, including:

• Title VI of the Civil Rights Act

• Title IX

• Section 504 of the Rehabilitation Act

• Americans with Disabilities Act (ADA)

• Age Discrimination Act

• USDA Civil Rights requirements (if applicable to food programs)

6. Federal Conflict of Interest Requirements (2 CFR 200.318(c)) Offeror shall comply with conflict of interest standards, including:

• Prohibition on organizational and personal conflicts of interest

• Prohibition on gifts, favors, or gratuities to employees involved in the procurement

• Disclosure of any potential conflicts

7. Required Federal Certifications Offerors must submit the following with their proposal:

• Certification Regarding Debarment & Suspension

• Certification Regarding Lobbying (Byrd Amendment)

• Certification of Non Collusion

• Certification of compliance with 2 CFR Part 200 and all applicable federal statutes

8. Accessibility Requirements (Technology Procurements) If the procurement includes software, digital tools, or technology services, Offeror shall comply with:

• Section 508 accessibility standards

• WCAG 2.1 AA guidelines, where applicable

9. Federal Audit Requirements (2 CFR 200 Subpart F) Offeror shall cooperate with any audit, monitoring visit, or corrective action process required by the Agency or federal awarding agency.

VI. 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. Specialized Design and Technical Competence

4. Capacity and Capability

5. Past Record of Performance

6. Work to be done in New Mexico

7. Current Volume of Work with the Contracting Agency not 75% Complete

8. All required APPENDICES

9. 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

VII. 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 1,000-point scale by the County evaluation committee:

Factor Points Possible Specialized Design and Technical Competence 200 Capacity and Capability 350 Past Record of Performance 250 Work to be done in New Mexico 100 Current Volume of Work with the Contracting Agency not 75% Complete

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 Campaign Contributions Disclosure Form Pass / Fail Cost Proposal Pass / Fail Required Federal Certifications Pass / Fail

B. CRITERIA

1. Specialized Design and Technical Competence - 200 points possible Specialized design and technical competence of the business, including a joint venture or association, regarding the type of services required.

2. Capacity and Capability - 350 points possible Capacity and capability of the business to perform the work, including any specialized services, within the time frame.

3. Past Record of Performance - 250 points possible Past record of performance on contracts with government agencies or private industry with respect to such factor as control of costs, quality of work and ability to meet schedules. Offerors should include in their proposal information on three projects of similar scope they have provided in the past, to include the awarded bid amount versus final close out contract amount.

Information shall also be provided on the history of claims on three similar construction projects and their resolution. The consultant should detail their claims avoidance approach and construction management philosophy.

4. Work to be done in New Mexico - 100 points possible The amount of design work that will be produced by a New Mexico business within this state.

5. Current Volume of Work with the Contracting Agency not 75% Complete - 100 points possible Firm shall identify the volume of work under contract with the entity requesting the proposal which is not seventy-five percent complete with respect to basic professional design services [through bidding phase]. This criterion is to provide an equitable distribution of contracts among qualified businesses and of assuring the interest of the public in having available a substantial number of qualified businesses is protected; however, that the principal of selection of the most highly qualified business is not violated.

Firm should indicate the volume of work they currently have underway with the Contracting Agency that is less than 75 percent complete. The purpose of this criterion is to help distribute projects among qualified firms. An example of how points can be assigned is provided below:

Value of work not yet completed on projects that are not 75 % Complete

Points to be allowed for this item

None 100 $0 to $25,000 90 $25,001 to $50,000 80 $50,001 to $75,000 70 $75,001 to $100,000 60 $100,001 or more 0

VIII. 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 the W9 page.

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 26-03 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,…