RFP_NM Works_TRUE Final Version_01 29 10_Protected.doc

STATE OF NEW MEXICO

Human Services Department

REQUEST FOR PROPOSALS (RFP)

RFP# 10-630-9000-0002

New Mexico Works Providers Issue Date: January 29, 2010

TABLE OF CONTENTS

I. INTRODUCTION

A. Purpose of This RFP

B. VISION

C. PERFORMANCE Outcomes...………………………………………………………….2

D. SUMMARY SCOPE OF WORK

E. SCOPE OF PROCUREMENT

F. PROCUREMENT MANAGER

G. DEFINITION OF TERMINOLOGY

H. BACKGROUND INFORMATION

I. PROCUREMENT LIBRARY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue of RFP

2. Pre-Proposal Conference

3. Acknowledgement of Receipt

4. Distribution List Response

5. Deadline To Submit Additional Written Questions

6. Response to Written Questions/RFP Amendments

7. Submission of Proposals

8. Proposal Evaluation

9. Selection of Finalists

10. Best and Final Offers From Finalists

11. Oral Presentation

12. Finalize Contract

13. Contract Award……………………………………………………………..

14. Protest Deadline

15. Commence NMW Services

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors

5. Amended Proposals

6. Offeror’s Rights To Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

9. No Obligation

10. Termination

11. Sufficient Appropriation

12. Legal Review

13. Governing Law

14. Basis for Proposal

15. Contract Terms and Conditions

16. Offeror’s Terms and Conditions

17. Contract Deviations

18. Offeror Qualifications

19. Right To Waive Minor Irregularities

20. Change in Contractor Representatives

21. Notice

22. Department Rights

23. Right To Publish

24. Ownership of Proposals

25. Confidentiality

26. Electronic Mail Address Required

27. Use of Electronic Versions of this RFP

28. New Mexico Employees Health Coverage

29. Campaign Contribution Disclosure Form ...…………………………....…………….18 D. Business Requirements…………………………………...…..………………….18

E. technical requirements………………………………….……………………18 III. Response Format and Organization

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

1. Proposal Organization

2. Letter Of Transmittal

IV. SPECIFICATIONS

A. MANDATORY SPECIFICATIONS

1. Federal and State Requirements B. Desirable specifications

1. Project Plan

2. Organization Management and Expertise

3. Past Performance

4. Cost Proposal/Budget

V. EVALUATION

A. EVALUATION POINT table/summary

B. EVALUATION FACTORS

C. EVALUATION PROCESS

VI.

APPENDICES:

D. NMW Program mandatory business specifications (aka scope of work) ………………………………………………………………………….………. 30 E. Acknowledgment of Receipt Form ……………………………………… F. PROFESSIONAL SERVICES AGREEMENT (psa) …………………………………..131 G. nm wORK vERIFICATION pLAN fFY2009 ………………………………………...154

H. CAMPAIGN CONTRIBUTION DISCLOSURE FORM ……………………………….182

I. NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM ……………………….184

J. WORKS PROGRAM TRACKING DATA ELEMENTS………………………………..185

K. WorkFLOW DiaGRAMS 1-6 …………………………………………………………187 L. offeror response to technical specifications

I. INTRODUCTION

A.

PURPOSE OF THIS RFP

This RFP is for the New Mexico Human Services Department (Department or HSD) to solicit bids from organizations that will provide professional services under the New Mexico Works (NMW) Program to low-income families and individuals, as funded by and allowable under the federal Temporary Assistance to Needy Families (TANF) block grant while adhering to state and federal laws and regulations and fulfilling the state and federal goals and objectives of TANF. NMW Program provides cash assistance to eligible families and assists parents in becoming self-sufficient through employment which will lead to benefits and wages that will enable them to support their families. The NMW Program service provider(s) will provide case management, and assist parents with training, education and support services. Offerors are to provide evidence of experience and ability to work with low-income families to assess their skills and abilities, develop individualized employment plans, provide case management as needed, identify barriers to employment and make appropriate referrals to community partners for support services.

B.

VISION

The goals of HSD are to reduce the impact of poverty on people served by providing services that prevent or reduce poverty; to reduce the impact of poverty on the State of New Mexico; to impact positively the social and economic health of New Mexico; and to assure low-income and disabled individuals in New Mexico equal participation in the life of their communities.

The four goals of TANF as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) are to:

1. Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

2. End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;

3. Prevent and reduce the incidence of out-of-wedlock pregnancies; and

4. Encourage the formation and maintenance of two-parent families.

The New Mexico Works (NMW) program is an employment and training program established by the New Mexico Works Act to help needy families achieve self-sufficiency through employment with benefits and wages that will enable them to support their families. The NMW service provider(s) provide(s) case management, and assist parents with skills training, education and support services while recognizing the different vocational needs, interests, and abilities of each individual.

This RFP will assist the Department to strengthen, supplement and coordinate efforts in furtherance of the Vision of the Department, the New Mexico Works Act and the TANF block grant.

C.

PERFORMANCE OUTCOMES

The NMW service provider(s) shall attain the following NMW Program outcomes:

1. Meet the Work Participation Rates (WPR) established by Federal law to measure how well TANF recipients are engaged in work activities. If not met, the state may face penalties up to 5% of its yearly TANF grant. ** There are two WPR which New Mexico must meet :

a. All Family Rate - 50% of all mandatory NMW participants (includes single parent and two parent households) must be engaged in work activities monthly

b. Two Parent Rate - 90% of all mandatory NMW participants (two-parent households only) must be engaged in work activities monthly

2. Meet placement and retention rates for NMW participants as follows:

· 60% of NMW Program mandatory caseload must obtain employment during the State fiscal year

· 95% Placements must be at or greater than $7.50 / Hour

(All parents must be placed in jobs paying at least minimum wage unless a different method of calculating compensation is used by employer)

· 90% placements will have retained employment at 3 months

· 85% placements will have retained employment at six months

· 60% placements will have retained employment at 12 months

· 55% placements will have retained employment at 18 months

· 50% placements will have retained employment at 24 months **If WPR are not met, the State may face penalties imposed by the Federal government. In the event HSD proves that the NMW service provider’s performance results in reductions in HSD’s receipt of program funds from any governmental agency, the service provider shall remit to HSD, as liquidated damages, such funds as are necessary to make HSD whole, but only to the extent such damages are caused by the actions of the service provider.

D. SUMMARY SCOPE OF WORK

The NMW Program Mandatory Business Specifications (aka Scope of Work), attached to the RFP as Appendix A, outlines the work to be performed by the NMW service provider(s) as follows:

1. Meet performance standards as established by Federal and State TANF authority;

2. Assist TANF parents to improve the quality of life for themselves and their children through case management and referrals to support services;

3. Reduce the TANF caseload by increasing the number of families who are able to leave TANF due to an increase in family income through appropriate job placements which promote retention and progression in the workplace; and

4. Reduce the number of TANF parents who are sanctioned by assisting them in meeting federal/state participation requirements through appropriate case management, including referrals to support services.

5. Ensure that TANF families obtain the services that will help them reduce or avoid dependence on public cash assistance and increase their quality of life;

6. Provide services that will stabilize a family’s situation and enable parents to fulfill their responsibilities to support their children;

7. Provide TANF parents with the opportunity to acquire the education and skills necessary to qualify for employment;

8. Provide necessary support services so that TANF parents can participate in NMW Program and become employed;

9. Promote coordination of services, to increase accessibility to those services for parents, and maximize the use of existing resources;

10. Emphasize parental accountability;

11. Assist low-income noncustodial fathers become better parents, obtain employment, and pay child support;

12. Conduct skills and aptitudes assessments with each parent referred to the NMW Program and counseling parents on appropriate activity tracks that are in line with their present circumstances;

13. Provide a case manager (Career Development Specialist) for each parent throughout the parent’s period of enrollment in NMW who will counsel the parent regarding life-coping skills; make referrals to support services; place parent in appropriate activities after assessing the parent; and monitor, evaluate and document the patent’s progress;

14. Develop resources to increase the accessibility and quality of services for parents; and

15. Collect, analyze, and report specific program data related to all work activities that clients are involved in, as well as their assessments and the services they require, on a monthly basis or as requested by HSD (see SOW attached herein as Appendix A, Section 10, Records and Reporting; and Appendix G to this RFP).

The Department reserves the right to amend its Mandatory Business Specifications (aka Scope of Work) in response to federal and/or state legislative changes to TANF and/or the NMW Act.

E.

SCOPE OF PROCUREMENT

In accordance with federal TANF regulations and the New Mexico Works Act 27-2B-1 through 27-2B-20, the state must establish a work program for TANF cash recipients to engage in federally-approved work activities. Services to be provided by the NMW service provider(s) under the Mandatory Business Specifications (aka Scope of Work) must comply with Federal and State regulations for TANF, other cash assistance and SNAP Employment and Training (E & T) programs. The NMW service provider(s) will provide case management, develop individualized employment plans and assist TANF recipients with training, education and support services in order to help them achieve self-sufficiency through employment. In providing services to TANF recipients, the NMW service provider(s) must meet the federal participation rates and the performance outcomes identified in Section I. C of this RFP.

The NMW service provider(s) is (are) required to report specific program data related to all work activities that NMW participants are involved in and all assessments conducted with participants, as a means of providing evidence to HSD that program requirements are being met. Reports are to be submitted to HSD on a monthly basis or as requested by HSD (see SOW attached herein as Appendix A, Section 10, Records and Reporting; and Appendix G to this RFP). In addition, the service provider(s) is(are) required to conduct assessments of NMW participants’ skills, education, work experience and barriers to employment using assessment tool(s) approved by HSD.

Services to eligible families shall begin upon award and after approval by the New Mexico Department of Finance and Administration (DFA) on July 1, 2010 and end on June 30, 2012.

Offerors must identify in their response to this RFP the HSD Region(s) where they propose to provide comprehensive services to NMW participants, together with the cost for providing services to each region. The value of each region shall be worth 2 points on the evaluation. If Offerors wish to partner in order to provide services, they may do so, however, all counties in identified region(s) must be served by the Offerors. Offerors should note that additional points will be awarded to Offeror(s) that propose to serve multiple regions. The HSD Regions are identified as follows:

Region 1: San Juan, McKinley, Cibola, Sandoval and Valencia Counties

Region 2: Rio Arriba, Taos, Colfax, Harding, Union, Mora, San Miguel, Santa Fe, Los Alamos Counties

Region 3: Bernalillo County

Region 4: Quay, Guadalupe, Curry, DeBaca, Roosevelt, Chaves, Lea, Eddy Counties

Region 5: Torrance, Socorro, Catron, Lincoln, Sierra, Grant, Hidalgo, Luna, Dona Ana, Otero Counties

The Department reserves the option of renewing the initial contract or portion thereof for up to two one year extensions for a total of four (4) years. An award not to exceed legislative appropriation of TANF Block Grant funds shall be made to the responsible Offerors whose proposal(s) are most advantageous to the Department, taking into consideration the evaluation factors set forth in this RFP.

F.

PROCUREMENT MANAGER

The Department has designated a Procurement Manager who is responsible for the conduct of this procurement whose name, address, and telephone number are listed below:

Nicole Taylor Acting Bureau Chief, Work & Family Support Bureau Income Support Division, HSD 2009 S. Pacheco Street Santa Fe, NM 87505 Phone: (505) 827-7227 Fax: (505) 827-7259

E-mail: Nicole.Taylor1@state.nm.us All deliveries via express carrier should be addressed as follows:

Nicole Taylor

Acting Bureau Chief, Work & Family Support Bureau

Income Support Division, HSD 2009 S. Pacheco Street

Santa Fe, NM 87505

Phone: (505) 827-7227

Fax: (505) 827-7259

E-mail: Nicole.Taylor1@state.nm.us Any inquiries or request regarding this procurement should be submitted to the Procurement Manager in writing. Offerors may contact ONLY the Procurement Manager regarding the procurement. Other state employees do not have the authority to respond on behalf of the Department.

G. DEFINITION OF TERMINOLOGY

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

“Close of Business” means 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date provided.

“Contract” means any agreement for the procurement of items of tangible personal property, services or construction derived from an ITB or RFP.

“Contract Manager” means the individual selected by the Department to monitor and manage all aspects of the contract resulting from this RFP.

“Contractor” means a service provider who is a party to the contract with the Department.

“Deliverable” means any measurable, tangible, verifiable outcome, result, or item that must be produced to complete a project or part of a project.

“Department” means the New Mexico Human Services Department.

“Desirable” The terms “may,” “can,” “should,” “preferably,” or “prefers” identify a desirable or discretionary item or factor (as opposed to “mandatory”).

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

“DFA” means the Department of Finance and Administration for the State of New Mexico.

“DFA/CRB” means the Contracts Review Bureau of the Department of Finance and Administration for the State of New Mexico.

“Employer” means any for-profit, government agency, or not-for-profit business, regardless of location, that employs one or more persons.

“Evaluation Committee” means a body appointed by the Department management to perform the evaluation of Offeror proposals.

“Evaluation Committee Report” means a report prepared by the Procurement Manager and the Evaluation Committee for submission to the State Purchasing Agent for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

“Finalist” is defined as an Offeror who meets all the mandatory specifications of the RFP and whose score on evaluation factors is sufficiently high to qualify that Offeror for further consideration by the Evaluation Committee.

“Income Support Division” (ISD) means the Division within the Human Services Department charged with administering the TANF Block Grant and programs pertaining thereto.

Top of Form

“Invitation to Bid” (ITB) means all documents, including those attached or incorporated by reference, utilized for soliciting sealed bids.

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

“New Mexico Employee” means any person performing the majority of their work within the State of New Mexico, for any employer regardless of the location of the employer’s office or offices.

“Offer” means to submit a response to this RFP.

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

“Procurement Manager” means the person or designee authorized by the Department to manage or administer a procurement requiring the evaluation of competitive sealed proposals.

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

“Requirements” are obligatory and mean the system functions that are related to the organization’s goals and business opportunities. Requirements are defined by the project team and are usually prioritized.

“Responsive Offer or Responsive Proposal” means an offer or proposal that conforms in all material respects to the requirements set forth in the RFP. Material respects of a RFP include, but are not limited to, price, quality, quantity or delivery requirements.

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

“Solicited and Awarded” means an RFP was made available to the general public, through any means AND the contract(s) sought as a result of that solicitation was/were awarded.

“Solicitations” means RFPs.

“State (the State)” means the State of New Mexico.

“State Purchasing Agent” (SPA) means the purchasing agent for the State of New Mexico or a designated representative.

“Temporary Assistance to Needy Families” (TANF) means the program administered by the Department under a federal block grant to states which is designed to provide temporary assistance to families while transitioning parents into permanent employment. There is a maximum of 60 months of benefits within one's lifetime.

H.

BACKGROUND INFORMATION

The New Mexico Human Services Department (HSD) manages state and federal funds that provide life’s most basic services to many New Mexican individuals and families—touching the lives of one in three New Mexicans with food, access to health care, income, work, energy assistance and community services. HSD is the fifth largest New Mexico state agency with approximately 2,000 employees in 53 office locations statewide. The Department is organized into five Divisions led and directed by the Office of the Secretary (OOS); the Child Support Enforcement Division (CSED); the Income Support Division (ISD); the Medical Assistance Division (MAD); Behavioral Health Services Division (BHSD); and Program Support, which includes the Administrative Services Division (ASD), Information Technology Division (ITD), Office of Human Resources (OHR), Office of Inspector General (OIG) and the Fair Hearings Bureau.

At the core of Department’s mission is its commitment to reduce the impact of poverty on children, families and the state as a whole. To this end, the Department partners with other public and private agencies in setting goals as part of promoting independence and quality of life for their clients. The Department’s goals reflect the commitment to providing the best service possible to their clients through: access, quality and accountability.

At the federal level, TANF was created on July 1, 1997, as a component of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which replaced the Aid to Families with Dependent Children (AFDC) program and also supplanted the Job Opportunities and Basic Skills Training (JOBS) program of 1988. TANF was re-authorized in the Deficit Reduction Act (DRA) of 2005.

I. PROCUREMENT LIBRARY

The Department has established a Procurement Library. Offerors are encouraged to review the material contained in the Procurement Library by selecting the provided web site addresses in the electronic version of this document through your own internet connection or by contacting the Procurement Manager and scheduling an appointment. The library contains information listed below:

1.

New Mexico Annual Social and Economic Indicators http://www.dws.state.nm.us/LMI/pdf/API-2009.pdf.

2.

New Mexico State Purchasing Division links to Procurement Regulations and Request for Proposal – RFP instructions: http://www.generalservices.state.nm.us/spd/ 3.

Section 27-2B-1 to 27-2B-20 NMSA 1978. New Mexico Works Act NM Statutes and Court Rules

Statutory Chapters in New Mexico Statutes

27. Public Assistance.

1. General Provisions, Sections 27-1-1 through 27-1-15.

2B. New Mexico Works Act, Sections 27-2B-1 through 27-2B-20.

Conway Greene Co. - New Mexico Statutes and Rules

4. New Mexico Works – New Mexico’s Temporary Assistance to Needy Families (TANF) State Plan, January 1, 2009 – December 31, 2011 http://www.hsd.state.nm.us/isd/ISDPlans.html

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

HSD intends that the following schedule govern the procurement under this RFP as closely as possible. However, with the exception of item no. 6, the Offerors’ deadline to submit proposals, all dates in the schedule may be changed or set at HSD’s discretion and without the need to amend the RFP. Dates or deadlines which are set or defined by statute or regulation are governed by such statute or regulation.

04/05/10

B.

EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the sequence of events shown in Section II, Paragraph A.

1.

Issue of RFP

This RFP is issued by the New Mexico Human Services Department. Additional copies of the RFP can be obtained from the Human Services Department on the Department website at: http://www.hsd.state.nm.us/ Under “What’s New at HSD”, and on www.fbo.gov.

2.

Pre-Proposal Conference

A pre-proposal conference will be held on February 9, 2010, location to be announced. Minutes of this conference will be distributed to the procurement distribution list.

3.

Acknowledgement of Receipt

An acknowledgement of receipt of this RFP from the Offeror(s) agreeing that he/she has received a complete copy of the RFP, beginning with the title page and table of contents, and ending with Appendix I.

4.

Distribution List Response

Potential Offerors should hand deliver or return by facsimile or by registered or certified mail the “Acknowledgement of Receipt of RFP Form” (Appendix B) that accompanies this document to have their organization placed on the procurement distribution list. This form shall be signed by an authorized representative of the organization, dated, and returned by close of business on February 15, 2010 to the procurement manager. Failure to return this form shall constitute a conclusive presumption of receipt and rejection of the RFP, and the potential Offeror’s organization name shall not appear on the distribution list.

The procurement distribution list will be used for the distribution of minutes of the pre-proposal conference, written responses to questions and any RFP amendments.

5.

Deadline to Submit Additional Written Questions Potential Offerors may submit additional written questions as to the intent or clarity of this RFP until close of business on February 19, 2010. All written questions must be addressed to the Procurement Manager (see Section I, Paragraph F).

6.

Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed on February 22, 2010 to all potential Offerors whose organization name appears on the procurement distribution list. An Acknowledgement of Receipt Form will accompany the distribution package. The form should be signed by the Offeror’s representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process. Therefore, the Offeror’s organization name shall be deleted from the procurement distribution list.

Additional written requests for clarification of distributed answers and/or amendments must be received by the Procurement Manager no later than five (5) days after the answers and/or amendments were issued.

7.

Submission of Proposals

ALL OFFEROR PROPOSALS MUST BE RECEIVED BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 3:00 P.M. MOUNTAIN DAYLIGHT TIME ON March 1, 2010. Proposals received after this deadline will not be accepted. The date and time will be recorded on each proposal. Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph F. Proposals must be sealed and labeled on the outside of the package to clearly indicate a response to the “TANF Block Grant – NMW Program RFP.” Proposals submitted by facsimile will not be accepted.

A public log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to §13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing Offerors prior to contract award.

8.

Proposal Evaluation

The evaluation of proposals will be performed by an evaluation committee appointed by Department management. The evaluation process will take place from March 2, 2010 through March 4, 2010. During this time, the Procurement Manager may, at her option, initiate discussion with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

9.

Selection of Finalists

The Evaluation Committee will select and the Procurement Manager will notify the finalist Offerors on March 8, 2010. Only finalists will be invited to participate in the subsequent steps of the procurement. The schedule for any oral presentations, if needed, will be determined at this time.

10.

Best and Final Offers From Finalists

Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers by March 22, 2010 NO LATER THAN 3:00 P.M. MOUNTAIN DAYLIGHT TIME. Best and final offers may be clarified and amended at the finalist Offeror’s oral presentation.

11.

Oral Presentation

Finalist Offerors may be required to provide an oral presentation to the Evaluation Committee. The Procurement Manager will schedule the time for each Offeror’s presentation on March 22, 2010, through March 23, 2010, if necessary. All Offeror presentations will be held in Santa Fe, New Mexico at a site(s) specified in the Finalist Notification Letter.

12.

Finalize Contract

This contract shall be awarded to the Offeror or Offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points. The contract will be finalized April 5, 2010. In the event that mutually agreeable terms cannot be reached within the time specified, the Department reserves the right to finalize a contract with the next most advantageous Offeror without undertaking a new procurement process or to cancel the award.

13.

Contract Award The contract, after negotiations, appropriate State reviews and approvals, shall become effective after approval by the Department of Finance and Administration. This date is only approximately known, and as specified in the Sequence of Events, as another State agency must make the final approval of the contract.

14.

Protest Deadline Any protest by an Offeror must be presented in conformance with §13-1-172 NMSA 1978 and applicable procurement regulations. The protest must be delivered to:

Danny Sandoval, Deputy Director Human Services Department Administrative Services Division

Contracts Management & Procurement Bureau

727 St. Michael’s Drive, Room 6

Santa Fe, New Mexico 87505

Mailing Address:

P.O. Box 2348

Santa Fe, NM 87504 Protests not in conformance with §13-1-172 NMSA 1978 and applicable procurement regulations will not be accepted.

15.

Commence NMW Services NMW Program implementation begins July 1, 2010.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the State Purchasing Agent’s procurement code regulations, 1.4.1 NMAC.

1.

Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the Letter of Transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2.

Incurring Cost

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

Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

3.

Prime Contractor Responsibility

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

4.

Subcontractors

Use of subcontractors must be clearly explained in the proposal and major subcontractors must be identified by name. The prime contractor(s) shall be wholly responsible for the entire performance whether or not subcontractors are used. All specifications, mandatory and desirable, are to be applied to all Offerors responding as potential NMW contractors or sub-contractors.

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. The Department personnel will not merge, collate, or assemble proposal materials.

6.

Offeror’s 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 Manager.

The approval or denial of withdrawal requests 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 one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after receipt of a best and final offer if one is submitted.

8.

Disclosure of Proposal Contents

Following contract award, all proposals that lead to award are subject to public inspection, except for the material that is proprietary or confidential and for which the Offeror has made a written request for proprietary or confidential treatment under GSD Rule 1.4.1.45 NMAC. Those parts of the proposal that the Offeror intends to designate as proprietary or confidential data shall be clearly marked by the Offeror as “proprietary” or “confidential” on each page and shall be readily separable from the proposal in order to facilitate requests for public inspection of the non-confidential portion of the proposal. According to GSD Rule 1.4.1.45 NMAC, confidential information 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, sections 57-3A-1 to 57-3A-7. The price or cost of services proposed shall not be designated as proprietary or confidential information. Please note, however, that the terms of the Inspection of Public Records Act shall control the release of proposals to the extent that the terms of GSD Rule 1.4.1.45 or other provisions of Rule 1.4.1 NMAC are inconsistent with the Act. See Rule 1.4.1.9 NMAC.

If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, HSD 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 data will be so disclosed in accordance with HSD’s determination.

9.

No Obligation

The procurement in no manner obligates the State of New Mexico or any of its agencies to the eventual rental, lease, purchase, etc., of any equipment, software, or services offered until a valid written contract is awarded and approved by appropriate authorities (which could include the State Purchasing Division, DFA/CRB and Federal authorities).

10.

Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Department determines such action to be in the best interest of the State of New Mexico.

11.

Sufficient Appropriation

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

12.

Legal Review

The Department 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 Manager.

13.

Governing Law

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

14.

Basis for Proposal

Only information supplied by the Department in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals.

15.

Contract Terms and Conditions

The contract between the Department and a contractor will follow the format specified by the Department and contain the terms and conditions set forth in Appendix C, “Professional Services Agreement.” The Department, however, reserves the right to negotiate with a successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of the contract.

Should an Offeror object to any of the Department’s terms and conditions, as contained in this Section or in Appendix C, that Offeror must propose specific written alternative language at the time of submission of their proposal. The Department may or may not accept the alternative language. The Department, by written response to the Offeror, will indicate those portions of Offeror’s proposed alternative language that are acceptable. Should the Department not accept a portion of or all of the Offeror’s proposed alternative language changes, then the Offeror agrees to accept and sign the Contract that includes the terms and conditions of this RFP and the contract attached hereto as modified by any appropriately accepted changes. General references to the Offeror’s terms and conditions or attempts at complete substitutions are not acceptable to the Department and will result in disqualification of the Offeror’s proposal.

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

16.

Offeror’s Terms and Conditions

Offerors must submit with the proposal a complete set of any additional terms and conditions that they request to have included in a contract negotiated with the Department.

17.

Contract Deviations

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

18.

Offeror Qualifications

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

19.

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 that all of the otherwise responsive proposals fail to meet the same mandatory requirements and doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

20.

Change in Contractor Representatives

The Department reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the Department, meeting its needs adequately.

21.

Notice

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

22.

Department Rights

The Department reserves the right to accept all or a portion of an Offeror’s proposal including the right to make purchases from State approved price agreements or reissue this RFP.

23.

Right to Publish

Throughout the duration of this procurement process and contract term, potential Offerors, Offerors, and contractors must secure from the Department written approval prior to the 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.

24.

Ownership of Proposals

All documents submitted in response to the RFP shall be available to be picked up by the Offerors after the expiration of the protest period with the following exception: two complete copies of all proposals including the Best and Final Offer, if one was submitted, shall be placed into the procurement file. Those documents will become the property of the Department and the State of New Mexico.

25.

Confidentiality

Any confidential information provided to, or developed by, the contractor(s) in the performance of the contract 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 the Department.

Contractor(s) agree to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Department's written permission.

26.

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. (See also Section II.B.5, Response to Written Questions/RFP Amendments).

27.

Use of Electronic Versions of this RFP

This RFP is available by electronic means on the Department’s website. If accepted by such means, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the Department, the version maintained by the Department shall govern.

28.

New Mexico Employees Health Coverage a.

For all contracts solicited and awarded on or after January 1, 2008: If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to:

(1) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

(2) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or

(3) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

b.

Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

c.

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

29. Campaign Contribution Disclosure Form

Offerors must complete, sign and return the Campaign Contribution Disclosure Form (Appendix E) as part of their proposals. This requirement applies regardless of whether a covered contribution was made or not for the positions of Governor and Lieutenant Governor. Failure to complete and return the form will result in disqualification.

D. BUSINESS REQUIREMENTS

Offerors must refer to Appendix A, NMW Program Mandatory Business Specifications (aka Scope of Work) for a comprehensive description of the Business Requirements.

E. TECHNICAL REQUIREMENTS

The NMW service provider(s) will access ISD2 utilizing the service providers computer equipment for the purpose of entering NMW participant timesheets, review of participant status, and review of pertinent program reports.

The NMW service provider(s) will access ISD2 by means of either of the two following methods:

1. Co-located in ISD field offices via connection through the HSD network with proper authorization from HSD;

2. Via VPN connection with proper authorization from HSD.

The NMW service provider(s) will abide by the IT Requirements as set forth in Appendix A, NMW Program Mandatory Business Specifications (aka Scope of Work), Section 11, IT Requirements.

III. RESPONSE Format and Organization

A. NUMBER OF RESPONSES

Offerors shall submit clear, concise, compliant and well-written proposals that show the abilities of the Offerors to provide services to program-eligible families.

B. NUMBER OF COPIES

Offerors shall deliver one original and four identical sets of copies, for a total of five sets, of:

· TANF proposal (binder 1),

· the cost for the proposal (binder 2), and

· supporting technical documentation - optional (binder 3) to the location specified in Section I, Paragraph F on or before the closing date and time for receipt of proposals.

Within each section of the proposal, Offerors must address the items as they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate sections of the proposals. All discussion of proposal costs, rates and expenses must occur only in binder 2 with the cost responses and must utilize the TANF Budget Proposal Form. See Section III C, below for complete details of proposal format and binder requirements.

Any proposal that does not adhere to these requirements will be deemed non-responsive and may be rejected on that basis.

C. PROPOSAL FORMAT

All proposals must be typewritten on standard 8 ½ x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within binders with tabs delineating each section.

1.

Proposal Organization The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated:

Binder #1 – TANF Regular Proposal

a) Letter of transmittal

b) Table of contents

c) Summary of proposed services d) Response to mandatory and desirable specifications Binder #2 - Cost Proposal

Response to HSD Terms and Conditions

b) Offeror’s Additional Terms and Conditions

c) TANF Budget Proposal Form (Template to be provided by HSD) Binder #3 – Supporting Technical Information (optional)

Other Supporting Material

Within each section of the proposal, Offerors should address the items in the order in which they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates, or expenses must occur only in Binder 2 with the cost response form.

Any proposal that does not adhere to these requirements will be deemed non-responsive and may be rejected on that basis.

The proposal summary may be included by Offerors to provide the Evaluation Committee with an overview of the technical and business features of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror’s proposal.

2.

Letter of Transmittal - Each proposal must be accompanied by a Letter of Transmittal. The letter of transmittal MUST:

a. Identify the submitting organization;

b. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization;

c. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization;

d. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted for clarification;

e. Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section II, Paragraph C 1;

f. Be signed by the person authorized to contractually obligate the organization; and

g. Acknowledge receipt of any and all amendments to this RFP.

IV. SPECIFICATIONS

A. MANDATORY SPECIFICATIONS

1.

Federal, State and HSD Requirements

a. New Mexico Employees Health Coverage Form - The Offeror must agree with the terms and submit a signed New Mexico Employees Health Coverage Form (Appendix F) with the submittal of their proposal. A statement of concurrence is required and form must be signed.

b. In accordance with OMB A-133, Offerors must complete and submit to HSD copies of their organization’s most recent year’s audit report (also referred to as a single audit), as well as those for the preceding two (2) years. The submissions should include the audit opinion, the balance sheet, statements of income, retained earnings, cash flows, management letters and the notes to the financial statements.

c. The Offeror shall include evidence of the financial stability of its organization, along with the following financial information:

a) Offerors shall submit information regarding any mergers, acquisitions, or sales of the Offeror or subcontracting companies within the last ten years, or if any are pending or being negotiated and if so, an explanation providing relevant details.

b) Offerors should provide a statement as to whether there is any pending litigation against the Offeror, and if such litigation exists, attach an opinion of counsel as to whether the pending litigation may impair the Offeror’s performance in a contract under this RFP. Likewise, Offerors must provide a statement as to whether the Offeror or any of the Offeror’s employees, agents, independent contractors, or subcontractors have been convicted of, pled guilty to, or pled nolo contendere to any felony, and if so provide an explanation with relevant details.

c) Offerors should include a statement of their intention and evidence of ability to procure, submit to the Department, and maintain throughout the duration of the contract, a blanket Fidelity Bond in favor of the Department to insure the Contractor’s performance under the contract.