12-State Fair Grounds Master Detailed Master Plan RFP 26-350-26-0001 2.pdf

FACILITIES MANAGEMENT DIVISION

OF THE

GENERAL SERVICES DEPARTMENT

AND

NEW MEXICO STATE FAIR GROUNDS

REQUEST FOR PROPOSALS (RFP)

Detailed Master Plan and Design for the New Mexico State Fair Grounds in Albuquerque, N.M.

RFP#26-350-26-0001

RFP Release Date: 5/28/2026

Non-Mandatory Pre-Proposal Conference Date: 6/09/2026 1:00PM

Proposal Due Date: 6/26/2026 3:00PM

ELECTRONIC-ONLY PROPOSAL SUBMISSION

https://nmgeneralservices.bonfirehub.com/portal/?tab=openOpportunities ii

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. BACKGROUND INFORMATION

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

E. PROPOSAL SUBMISSION

F. DEFINITION OF TERMINOLOGY

G. PROCUREMENT LIBRARY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue RFP

2. Registration on Bonfire e-Procurement Portal

3. Pre-Proposal Conference

4. Deadline to submit written questions

5. Response to Written Questions

6. Submission of Proposal

7. Proposal Evaluation

8. Selection of Finalists

9. Oral Presentations

10. Finalize Contractual Agreements

11. Contract Awards

12. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subconsultant/Consent

5. Amended Proposals

6. Offeror’s Rights to Withdraw Proposal

7. Disclosure of Proposal Contents

8. No Obligation

9. Termination

10. Sufficient Appropriation

11. Legal Review

12. Governing Law

13. Basis for Proposal

14. Contract Terms and Conditions

15. Offeror’s Terms and Conditions

16. Contract Deviations

17. Offeror Qualifications

18. Right to Waive Minor Irregularities

19. Change in Contractor Representatives

20. Notice of Penalties

21. Agency Rights

22. Right to Publish

23. Ownership of Proposals

24. Confidentiality

25. Electronic mail address required iii

26. Use of Electronic Versions of this RFP

27. New Mexico Employees Health Coverage

28. Campaign Contribution Disclosure Form

29. Letter of Transmittal

30. Disclosure Regarding Responsibility

31. New Mexico/Native American Resident Preferences

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. ELECTRONIC SUBMISSION

C. PROPOSAL CONTENT AND ORGANIZATION

1. TECHNICAL PROPOSAL -DO NOT INCLUDE ANY BUSINESS INFORMATION IN THE TECHNICAL PROPOSAL

2. BUSINESS PROPOSAL

IV. SPECIFICATIONS

A. DETAILED SCOPE OF WORK

B. TECHNICAL SPECIFICATIONS

1. Specialized Design and Technical Competence

2. Capacity and Capability

3. Past Record of Performance

4. Development and Disposition Agreement

5. Organizational References

6. NM Resident Business or Veteran Business Preference

C. BUSINESS SPECIFICATIONS

1. Letter of Transmittal Form

2. Campaign Contribution Disclosure Form

3. Agency Certification Form

4. Response to Contract Terms and Conditions with Offeror’s Additional Terms and Conditions (Optional) (Appendix E) 33

5. Errors and Omissions for Design Professional (Professional Liability) Coverage- ACORD or letter

6. New Mexico Employees Health Coverage Verification Form

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS

1. B.1 Specialized Design and Technical Competence (460 Points Total) (See Table 1)

2. B.2 Capacity and Capability (See Table 1) (180 Pts.)

3. B.3 Past Record of Performance 60pts. Each project. (180 pts.)

4. B.4 Development and Disposition Agreement (DDA) for Anchor Developer (See table 1) (150 pts.)

5. B.5 Organizational References (30 points total) (See Table 1)

6. C.1 Letter of Transmittal (See Table 1)

7. C.2 Campaign Contribution Disclosure Form (See Table 1)

8. C.3 Agency Certification Form (See Table 1)

9. C.4 Errors and Omissions for Design Professional (See Table 1)

10. C.5 New Mexico Employees Health Coverage Verification Form (See Table 1)

11. C.6 Oral Presentation (See Table 1)

12. B.6. New Mexico/Native American Resident Preferences

C. EVALUATION PROCESS

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

APPENDIX E

iv

APPENDIX F

APPENDIX G

APPENDIX H

APPENDIX I

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of Professional Services based on the master planning scope of work described below. All potential offerors are to read, understand and accept the requirements of this Request for Proposals (RFP). Potential offerors must be a firm who can go beyond conceptual visioning and into implementable land use plans, building and infrastructure design and phasing, entitlement strategy, DDA/PPP structuring, and development packaging. The firm would need to provide Urban Planning + Civil Engineering, Infrastructure + horizontal design, vertical design and implementation and Development advisory and implementation.

B. BACKGROUND INFORMATION

The State of New Mexico, General Services Department (GSD), Facilities Management Division (FMD) in conjunction with the New Mexico State Fair Grounds District Board (SFDB) and EXPO New Mexico, jointly will be working on this Master Plan. It is the intent of the State of New Mexico, General Services Department, Facilities Management Division to apply sustainable development concepts in the planning, design, construction, environmental management, and infrastructure projects, consistent with applicable laws and budget requirements. GSD has been designated as the lead agency for the redevelopment of the State Fairgrounds District.

The New Mexico State Fair Grounds and EXPO New Mexico with FMD have identified the need for a detailed Master Plan to include design and construction of various elements of the master plan. The redevelopment contemplated under this Agreement may encompass, but is not limited to, public facilities, transportation access and circulation enhancements, utilities, site work, environmental remediation, vertical and horizontal improvements, public safety features, community amenities, and related infrastructure, all as authorized by legislative acts and SFDB development plans.

C. SCOPE OF PROCUREMENT

Detailed Master planning activities may include the following:

Refine the agreed upon Preferred Pathway A Phase I Early Win Improvements developed by Stantec.

The scope of work includes new development and land preparation, pedestrian improvements at Central and San Pedro Avenues, internal roadways and utility infrastructure, a public park with public realm improvements and a sports stadium. The awarded firm will also work with all stakeholders to solicit and compile qualified anchor developers for the development and funding of affordable housing, retail/mixed use space and possible hotel. Development advisory, policy and implementation will be needed for the stadium including a DDA/PPP solution.

This Procurement shall be under the Competitive Qualifications based Sealed Proposals for Professional Services; price shall be determined by formal negotiations related to the master planning scope of work and will result in a single source award. This procurement will result in a contractual agreement between two parties; the procurement may ONLY be used by those two parties exclusively. The term of the

Agreement may extend to 8 years from date of the last signature, if necessary, with the approval of the New Mexico Department of Finance and Administration.

D. PROCUREMENT MANAGER

Facilities Management Division (FMD) has assigned a Procurement Manager who is responsible for the conduct of this procurement. You must register in FMD’s e-Procurement Portal to communicate with the Procurement Manager on this Request for Proposal, link is listed below:

Name: Joseph Lovato, Procurement Manager Portal: https://nmgeneralservices.bonfirehub.com/portal/?tab=openOpportunities

1. Any inquiries or requests regarding this procurement must be submitted, in writing, to the Procurement Manager via the Facilities Management Division (FMD) Bonfire e-Procurement Portal. Offerors may contact ONLY the Procurement Manager regarding this procurement.

Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the FMD, SFDB or EXPO New Mexico.

2. Protests of the solicitation or award must be submitted in writing to the Protest Manager identified in Section II.B.12. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172 NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Protests submitted or delivered to the Procurement Manager will NOT be considered properly submitted.

E. PROPOSAL SUBMISSION

Submissions of all proposals must be accomplished via FMD’s Bonfire e-Procurement Portal electronic procurement system. Refer to Section III.B.1 for instructions.

F. DEFINITION OF TERMINOLOGY

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

1. “Agency/Procuring Agency” means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to procure items of tangible personal property, services or construction from the agreement(s) awarded as a result of this RFP.

2. “Anchor Developer “: The developer who is responsible for a specific parcel, building, or phase within a larger master-planned district, operating under the rules set by the Master Developer.

Delivers a high-impact, catalytic project that drives activity, identity, and value for the entire district.

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

4. “Business Hours” means weekdays (Monday – Friday) 8:00 AM thru 5:00 PM MST/MDT, whichever is in effect on the date given.

5. “Close of Business” means weekdays (Monday – Friday) 5:00 PM MST/MDT, whichever is in effect on the date given.

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

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

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

9. “Development and Disposition Contract (DDA)”: The core legal agreement used when a public entity (like a state, city, or agency) leasesland to a private party in exchange for that party agreeing to develop it according to specific requirements

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

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

12. “Electronic Submission” means a successful submittal of Offeror’s proposal in the Bonfire e- Procurement Portal.

13. “Electronic Version/Copy” means a digital format consisting of text, images or both, readable on computers or other electronic devices, which includes all content that the original document contains. The electronic version/copy CANNOT be emailed.

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

15. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the

Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

16. “Facilities Management Division (FMD)” means the Facilities Management Division which is part of the New Mexico General Services Department.

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

18. “Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee, as explained in Section II.B.8.

19. “Horizontal Construction (Creating Buildable Pads & Community Features)”: Horizontal construction is everything required to prepare raw land so it can support buildings. Typically controlled by the Master Builder. Includes:

• Demolition

• Civil Infrastructure

• Public Park

• State Fair Infrastructure

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

21. ‘Master Developer”: (State of New Mexico) The entity that sets the vision, installs the backbone, and controls who builds what, where, and when; they don’t necessarily build everything themselves. It controls the land, builds the foundation, and choreographs the entire development ecosystem; financially, physically, and strategically.

22. “Master Planner, Concept”: (Stantec Inc.) Creator of a high-level vision document that shows how a site or district could be organized without locking in final design or engineering. A flexible vision that shows what could happen.

23. “Master Planner, Detail”: Makes for a fully developed, site-specific plan that defines exactly what will be built, where, and how it functions that is often tied to real financing and execution including phasing. Schedule and operating concept.

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

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

26. “PPP” is a cooperative arrangement between government and private sector companies to finance, build, and operate Anchor developments.

27. “Procurement Manager” means any person or designee authorized by a state agency or local public body with the responsibility, authority, and resources to conduct the RFP procurement, make written determinations regarding the RFP procurement, and/or enter into or administer contracts as a result of the RFP procurement.

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

29. “Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7 NMSA 1978 and NMAC

1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

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

31. “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.

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

33. “Sealed” means, in terms of electronic submission, an Offeror’s proposal and all accompanying documents has been completely and successfully uploaded into FMD’s Bonfire e-Procurement Portal system prior to the submission deadline stated in the RFP.

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

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

36. “State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “State agency” includes the Purchasing Division of the General Services Department and the State Purchasing Agent but does not include local public bodies.

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

38. “Technical Irregularities” are matters of form rather than substance evident from the proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other Offerors; that is, when there is no effect on price, quality or quantity.

39. “Time and Development Schedule”: The Design Professional or Detailed Master Planner shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Design Professional shall assume control and manage Exhibit E – Preliminary Development Schedule (MS Project Schedule to be provided by Owner) as the standard for the Development Schedule. A schedule for the performance of the Design Professional's services shall include allowances for periods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project.

40. “Unredacted” means a version/copy of the proposal containing all complete information;

including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

41. “Vertical Construction”: Vertical construction is the design and construction of buildings on prepared sites.

42. “Written” means typed in standard 8 ½ x 11-inch document format, by common electronic means (such as Microsoft Word, Adobe PDF, etc.). A larger size document is permissible for charts, spreadsheets, etc.

G. PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in this document through your own internet connection. The library contains information listed below:

RFP, Questions & Answers, RFP Amendments, etc.

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule of events, the descriptions of each event, and the conditions governing this procurement.

A. SEQUENCE OF EVENTS

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

Action Responsible Party Due Dates

1. Issue RFP FMD 5/28/2026

2. Must register in e-

Procurement Portal to be on Distribution List

Potential Offerors 06/26/2026

3. Pre-Proposal Conference FMD 06/09/2026

4. Deadline to submit Written Questions

Potential Offerors 06/17/2026

5. Response to Written Questions

Procurement Manager 06/19/2026

6. Submission of Proposal Potential Offerors 06/26/2026 7.* Proposal Evaluation Evaluation Committee 06/29-07/03/2026 8.* Selection of Finalists Evaluation Committee 07/06/2026 9 * Oral Presentation(s) Finalist Offerors 07/16/2026 (if necessary) 10.* Finalize Contractual

Agreements FMD/Finalist Offerors 07/17-24/2026

11.* Contract Awards FMD/Finalist Offerors 08/03/2026 12.* Protest Deadline FMD +15 days

*Dates indicated in Events 7 through 13 are estimates only, and may be subject to change without necessitating an amendment to the RFP.

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the Sequence of Events shown in Section II.A., above.

1. Issue RFP This RFP is being issued on behalf of the State of New Mexico New Mexico General Services Department Facilities Management Division on the date indicated in Section II.A, Sequence of Events.

2. Registration on Bonfire e-Procurement Portal Potential Offerors must register in the Bonfire e-Procurement Portal to have their organization placed on the procurement Distribution List.

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

Only vendors who register on the portal will be able to access any information regarding this RFP. The procurement distribution list will be used for the distribution of written responses to questions, and/or any amendments to the RFP. Failure to register does Prohibit potential Offerors from submitting a response to this RFP.

3. Pre-Proposal Conference A pre-proposal conference will be held as indicated in Section II.A, Sequence of Events, beginning at 1:00PM @ the African American Pavilion located at the New Mexico State Fair Grounds 300 San Pedro NE, Albuquerque NM 87108. The Site tour will occur after the Pre-Proposal meeting.

Subconsultants are welcome and encouraged to attend either via Teams if they want to get clarity on their part of the RFP submission package or in person if they want to see the site as well.

Attendance at the pre-proposal conference is highly recommended, but not a prerequisite for submission of a proposal.

Teams invite for the meeting:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/24747036643606?p=rvIQLLsKZn7flBYejF Meeting ID: 247 470 366 436 06 Passcode: GJ6ns6uK

Need help? | System reference Dial in by phone +1 505-312-4308,,456959989# United States, Albuquerque

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4. Deadline to submit written questions Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Procurement Manager (see Section I.D). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All questions answered during the Pre-Proposal Conference will be considered unofficial until they are posted in writing. All written questions will be addressed in writing on the date listed in Section II.A, Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal Deadline to Submit Written Questions

Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP until 3:00PM as indicated in Section II.A, Sequence of Events.

All written questions must be addressed to the Procurement Manager as declared in Section I.D. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.

5. Response to Written Questions Written responses to the written questions will be provided via e-mail, on or before the date indicated in Section II.A, Sequence of Events, to all potential Offerors who timely registered in the Bonfire e-Procurement Portal (Section II.B.2).

The Questions and Answers will be posted to the Supporting Documents section of FMD’s Bonfire e-Procurement Portal:

6. Submission of Proposal Only electronic proposal submission is allowed. Do not submit hard copies.

ALL PROPOSALS MUST BE RECEIVED BY THE PROCUREMENT MANAGER OR

DESIGNEE NO LATER THAN 3:00 PM MST ON THE DATE INDICATED IN SECTION

II.A, SEQUENCE OF EVENTS. NO LATE PROPOSAL CAN BE ACCEPTED. The date and time of receipt will be recorded on each proposal. Proposals will be time-stamped in the system when the Offeror clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed in accordance with statute.

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

CAN BE ACCEPTED.

Proposals must be submitted electronically through FMD’s Bonfire e-Procurement Portal electronic procurement system. Refer to Section III.B.1 for instructions. Proposals submitted by facsimile, or other electronic means other than through the FMD electronic e-procurement system, will not be accepted.

A log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to §13-1-116 NMSA 1978, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals. Awarded in this context means the final required state agency signature on the contract(s) resulting from the procurement has been obtained.

7. Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in Section II.A, Sequence of Events, depending upon the number of proposals received. During this time, the Procurement Manager may 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.

Discussions SHALL NOT be initiated by the Offerors.

8. Selection of Finalists The Evaluation Committee will select and the Procurement Manager will notify the finalist Offerors as per schedule Section II.A, Sequence of Events or as soon as possible thereafter.

Finalists will be comprised of up to five (5) Offerors receiving the highest cumulative scores for the Technical Factors.

9. Oral Presentations Finalist Offerors, as selected per Section II.B.9 above, may be required to conduct an oral presentation at a venue to be determined as per schedule Section II.A., Sequence of Events, or as soon as possible thereafter. If Oral Presentations are held, Finalist Offerors may be required to make their presentations through electronic means (Microsoft Teams, Zoom, etc.). The Agency will provide Finalist Offerors with an agenda and applicable details (such as, scheduled presentation date and time, time limits, etc.); including an invitation to the event. Whether or not Oral Presentations will be held is at the sole discretion of the Evaluation Committee.

10. Finalize Contractual Agreements After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFP, as per Section II.A., Sequence of Events, or as soon as possible thereafter. The most advantageous proposal may or may not have received the most points. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the timeframe specified, the State reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

11. Contract Awards The award is subject to appropriate Department and State approval. Upon receipt of the signed contractual agreement, the Agency Procurement office will award as per Section II.A., Sequence of Events, or as soon as possible thereafter.

12. Protest Deadline Any protest by an Offeror must be timely submitted and in conformance with §13-1-172 NMSA 1978 and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172 NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15-calendar day protest period shall begin on the day following the notice of award of contract(s) and will end at 5:00 pm MST/MDT on the 15th day. 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 the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be directed to:

ATTN: Peter Barrington Facilities Management Division 2542 Cerrillos Road T-187

Santa Fe, NM 87505 Peter.barrington@gsd.nm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance to be bound by the Conditions Governing the Procurement, Section II.C, and Evaluation, Section V, by completing and signing the Letter of Transmittal form, pursuant to the requirements in Section II.C.30, located in APPENDIX A.

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

mailto:Peter.barrington@gsd.nm.gov

3. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a State Agency which may derive from this RFP. The State Agency entering into a contractual agreement with a vendor will make payments to only the prime contractor.

4. Subconsultant/Consent The use of subconsultants is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subconsultants are used.

Additionally, the prime contractor must receive approval, in writing, from the agency awarding any resultant contract, before any subconsultant is used during the term of this agreement.

5. Amended Proposals An Offeror may submit an amended proposal before the proposal due date. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. Agency 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 addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations, 1.4.1.5 & 1.4.1.36 NMAC.

7. Disclosure of Proposal Contents The contents of all submitted proposals will be kept confidential until the final award has been completed by the Agency. At that time, all proposals and documents pertaining to the proposals will be available for public inspection, except for proprietary or confidential material as follows:

a. Proprietary and Confidential information is restricted to:

1. confidential financial information concerning the Offeror’s organization; and

2. information that qualifies as a trade secret in accordance with the Uniform Trade

Secrets Act, §§57-3A-1 through 57-3A-7 NMSA 1978.

b. An additional but separate redacted version of Offeror’s proposal, as outlined and identified in Section III.B.2.a, shall be submitted containing the blacked-out proprietary or confidential information, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal.

IMPORTANT: The price of products offered or the cost of services proposed SHALL NOT be designated as proprietary or confidential information.

If a request is received for disclosure of proprietary or confidential materials, the Agency shall examine the 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 continuing prohibition on the disclosure of proprietary or confidential information.

8. No Obligation This RFP in no manner obligates the State of New Mexico or any of its Agencies to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.

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

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

11. Legal Review The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.

12. Governing Law This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

13. Basis for Proposal Only information supplied in writing by the Procurement Manager or contained in this RFP shall be used as the basis for the preparation of Offeror proposals.

14. Contract Terms and Conditions The contract between an agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in the Draft Contract (APPENDIX C). However, the contracting agency reserves the right to negotiate provisions in addition to those contained in this RFP Draft Contract (APPENDIX C) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.

The Agency discourages exceptions from the contract terms and conditions as set forth in the RFP Draft Contract (APPENDIX C). Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Agency (and the Evaluation Committee), 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 a substantial proposal rewrite to correct.

Should an Offeror object to any of the terms and conditions as set forth in the RFP Draft Contract (APPENDIX C) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Draft Contract are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal.

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

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.

15. Offeror’s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the Agency. See Section II.C.15 for requirements.

16. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

17. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential 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.

18. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities, as defined in Section I.F.19. The Evaluation Committee also reserves the right to waive mandatory requirements, provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

19. Change in Contractor Representatives The Agency reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Agency, adequately meeting the needs of the Agency.

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

21. Agency Rights The Agency in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror’s proposal.

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

23. Ownership of Proposals All documents submitted in response to the RFP shall become property of the State of New Mexico. If the RFP is cancelled, all responses received shall be destroyed by the Agency or

FMD.

24. Confidentiality Any confidential information provided to, or developed by, the contractor 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 Agency.

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

25. 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).

26. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the agency, the Offeror acknowledges that the version maintained by the agency shall govern. Please refer to:

27. New Mexico Employees Health Coverage A. 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 have in place, and agree to maintain for the term of the contract, health insurance for those employees 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: https://bewellnm.com.

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

https://bewellnm.com/

28. Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form (APPENDIX B) as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official. Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

29. Letter of Transmittal Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX A, which must be signed by the individual authorized to contractually obligate the company, identified in #2 below.

Provide the following information:

1. Identify the submitting business entity; Name, Mailing Address, Phone Number, Federal Tax

ID Number (TIN), and New Mexico Business Tax ID Number (BTIN, formerly CRS);

2. Identify the Name, Title, Telephone, and E-mail address of the person authorized by the

Offeror’s organization to (A) contractually obligate the business entity providing the Offer,

(B) negotiate a contract on behalf of the organization; and/or (C) provide clarifications or answer questions regarding the Offeror’s proposal content (A response to B and/or C is only necessary if the responses differ from the individual identified in A);

3. Identify any subcontractor/s that may be utilized in the performance of any resultant contract award;

4. Identify any other entity/-ies (such as State Agency, reseller, etc., that is not a sub-contractor identified in #3) that may be used in the performance of this awarded contract; and

5. The individual identified in #2 above, must sign and date the form, attesting to the veracity of the information provided, and acknowledging (a) the organization’s acceptance of the Conditions Governing the Procurement stated in Section II.C.1, (b) the organizations acceptance of the Section V Evaluation Factors, and (c) receipt of any and all amendments to the RFP.

Failure to submit the signed Letter of Transmittal Form located in Appendix A will result in Offeror’s disqualification.

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

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

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

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

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

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

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

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

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

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

c. Have…