2-RFB 46-26-JM EMS Products Bid Document.pdf

COUNTY OF BERNALILLO

STATE OF NEW MEXICO

INVITES YOUR FIRM TO OFFER A BID ON:

RFB #46-26-JM

EMS Medical Products

AS SPECIFIED IN THE ATTACHED BID DOCUMENTS.

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

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

FIRM NAME

STREET ADDRESS/P.O. BOX

CITY, STATE, ZIP CODE

TELEPHONE NUMBER E-MAIL ADDRESS FAX NUMBER

DEFINITIONS

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

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

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

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

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

“Contractor” shall mean successful Bidder.

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

“Central Purchasing Office” means the County Purchasing Section.

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

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

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

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

“Multiple Source Award” means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Bidder.

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

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

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

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

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

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

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

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

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

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

FORMAL BID

SUBMITTAL REQUIREMENTS

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

REQUIREMENTS MAY RESULT IN IMMEDIATE DISQUALIFICATION.

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

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

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

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

Bidder shall disclose any conflict of interest in writing and submit the information with the bid in accordance with paragraph 9 of the General Terms and Conditions (page 6).

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

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

Pay Equity Documentation:

Bidder shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at: www.bernco.gov/general-services/pay-equity.aspx. See page 7 and “Application of Preferences” (pages 29-30) Failure to submit the Pay Equity Form may result in disqualification of the bid submittal.

Unfair Business Practices Disclosure:

Bidder must submit with their bid the completed “Unfair Business Practices Disclosure Form” (see page 28). Failure to complete and return the signed unaltered form may result in disqualification.

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

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

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

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

Signature: Fed ID No.:

Name (type/print): Title:

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SUPPLEMENTAL TERMS AND CONDITIONS

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

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

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

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

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

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

6. CODE OF CONDUCT: Code of Conduct – The successful Bidder shall abide by the Code of Conduct (https://www.bernco.gov/compliance-office/bernalillo-county-code-of-conduct/) of the County as it applies to the successful Bidders interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement (a draft of the proposed Agreement is included beginning on page 19).

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

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

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

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

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

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

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

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

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

PROCUREMENT MANAGER IN SECTION I.C BY TELEPHONE: (505) 468-1680 OR EMAIL:

jamuniz@bernco.gov.

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

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

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

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

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

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

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

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

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

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

18. NUMBER OF BID SUBMITTALS

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

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

20. QUESTIONS: If additional information regarding this bid or the procurement process is required, please contact Jesus Muniz (505-468-1680), or e-mail jamuniz@bernco.gov

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

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

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

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

EXCEPTIONS

RFB # 46-26-JM

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

I do ___________ do not meet specifications ___________

Authorized Signature and Title Telephone Number

SCOPE OF SERVICES

RFB #46-26-JM

Summary Scope of Work

The Scope of Services includes EMS Medical Products that are the highest quality, latest design, and technology to meet the requirements of BCFRD. EMS Medical Products shall be provided at the lowest prices available and in a timely and efficient manner. Other important service considerations described in the Scope/Specifications.

Scope of Work

A. Background

BCFRD currently spends approximately $240,000.00 annually for EMS Medical Products. There are 14 fire stations with EMS Services and two (2) separate delivery locations. The inventory of EMS medical products is kept at minimum levels with two-week supply on hand.

B. Current Business Practices

The County has been procuring EMS medical products through a Contractor with established contract pricing and discounts.

C. Estimated Usage

This RFB includes a Price Submission Form (Attachment A uploaded separately in Bonfire) that contains a list of "core" medical products and estimated annual quantities based on 2025 orders.

This "core" list consists of approximately 266 products. This "core" list is intended to provide a list of the types of EMS medical products; however each product and quantity may vary over time due to the nature of EMS. Therefore, the quantities are provided for responding purposes only and are not guaranteed as to actual quantities to be ordered. Minimum quantities are not guaranteed;

however, the County reserves the right to increase and/or decrease quantities. Bidder(s) must bid on all items to be considered responsive. Failure to bid on ALL items will deem Bidder non-responsive and bid will be rejected.

D. Products

The Contractor is expected to have a wide range of EMS medical supply products available for immediate shipment and delivery. All medical products shall meet Occupational Safety and Health Administration (OSHA), National Institute of Safety and Health (NIOSH), Mine Safety and Health Administration (MSHA) and American National Standards Institute (ANSI) requirements when applicable. Where specified in the Price Submission Form, products must be compatible with existing equipment and BCFRD will determine compatibility. Shipments must include all appropriate Material Safety Data Sheets to comply with OSHA 1910, 1200, or the latest revision thereof, for general standards on handling hazardous materials.

E. Inventory

The Contractor shall maintain an adequate inventory of standard EMS medical products with an average monthly fill rate of 90% or better for the first year of the contract and 95% or better for the remaining term of the contract and an accuracy rate of 96%. Fill rate refers to the percentage of "core" medical products which are within the required delivery time. Products that are reordered, backordered or partially filled are not considered filled line items when calculating this service level.

F. Core/Non-Core Products

The "core" products are a consolidated list of EMS medical products that represent the most frequently used products. The following information is provided for all of the "core" products; item description, packaging, unit of measure, estimated annual usage and for many products, the manufacture's name and stock number is provided. If alternate brands are offered or the information is not given for a product, the manufacturer's name, product number, packaging (selling pack count) and selling unit of measure must be provided in the "Comments Section" of the Price Submission Form.

Alternate brands offered must be equal or greater quality than specified.

The "non-core" products represent the remaining value of EMS medical products, and due to the relative low volume of these individual products, no product information is provided.

Contractor must be able to provide "core" products listed in the Pricing Section, "non-core" products via a published catalog and a product quality guarantee for all products purchased.

Contractor will be required to assume responsibility for all medical products furnished and all services offered in its bid whether or not it provides them. Further, the County will consider the selected Contractor to be the sole point of contact regarding contractual matters.

G. Order Authorization The Contractor shall not provide any goods or services prior to receipt of a Purchase Order (PO).

H. Service Level

Routine voice and email messages placed by the County during regular business hours shall be responded to within one (1) hour. Complaint resolution shall be provided within ten (10) business days.

I. Catalog

Contractor shall provide a published full line catalog to BCFRD and the County Purchasing Section each calendar year.

J. Order Placement Orders will be placed by telephone, email, facsimile or via website. The Contractor can provide a website for order placement of core products with established contract prices, discounted prices for non-core products, product lookup, the ability to track an order and access account history (sales usage) reports. Contract can offer access to a full line catalog with published list prices via website.

Blanket Purchase Orders will be issued, and all orders will be placed against a blanket Purchase Order. A blanket Purchase Order will be set up with a maximum dollar amount that allows multiple orders to be placed against it until the total amount encumbered for the Purchase order has been reached.

Contractor shall address question regarding orders to BCFRD.

K. Back Orders

Upon receipt of a Purchase Order, the Contractor shall notify BCFRD if an item is out of stock and provide the availability and delivery date for unfilled and partial orders. BCFRD shall have the option of accepting the backorder, approving a suggested substitution of an available product or canceling the item form the order and receiving a credit. Backordered products shall be delivered within seven (7) business days from receipt of order without exception. This includes but is not limited to stock outs due to unforeseen circumstances, "special orders", products not carried in inventory and/or products not stocked in distribution center(s). If Contractor cannot deliver the product(s), it shall be removed from the order.

L. Substitution/Product Availability

The Contract shall under no circumstances make unauthorized substitutions.

In the event that a product is no longer available to the Contractor by the manufacturer (lost product) or has been discontinued by manufacturer (discontinued product), the Purchasing Section and BCFRD must receive written notice within five (5) business days. In such instances, the Contractor shall provide the following to the Purchasing Section to identify a replacement and maintain or reduce costs.

A formal announcement from the manufacturer stating the reason the product is no longer available to the Contractor and/or is discontinued, including the effected product by order number and description.

Documentation from the manufacturer that names the replacement product and provides packaging and selling unit of measure and state that the replacement product meets or exceeds the specification of the lost or discontinued product.

Documentation from the Contractor that the price for the replacement product(s) is the same as the contract price for the lost or discontinued item. BCFRD shall determine whether the proposed substitute(s) is/are acceptable.

In addition, should unavailability of product becomes known at the point of processing a Purchase Order or Order, Contractor must contact BCFRD for substitution approval. If the proposed substitution is not approved, Contractor shall be instructed to remove the product(s) form the order and an amended Purchase Order will be issued. Contractor's invoice must reflect either the substituted item and the correct pricing or the removal of a product.

M. New Products The County reserves the right to add products to the "core" list due to protocol change or for any other reasons at any time during the term of the contract that results from this RFB. The Contractor must provide a fixed unit price for new products and add them to the County's "core" list on the Contractor's website.

The County, at its sole discretion, may allow for a new product announced by the manufactures to be incorporated into the existing contract. The request shall be submitted in writing to the Purchasing Section any time during the contract period and shall be supplemented with the following information:

Formal announcement forms the manufacture/supplier announcing new products.

Written confirmation to include the manufacture, name, SKU/item number, description, packaging for each item the fixed price for "core" products and the percentage discount form the catalog list price for "non-core" products. Letter(s) must be signed by a person authorized to contractually obligate the Contractor.

Any approvals by the County Purchasing Section will be provided to the Contractor in writing.

N. Product Removal

The County may, at any time under the Price Agreement, remove any product during the contract term.

0. Non- Core Products

BCFRD will require products throughout the contract period that are not in the "core" list.

Contractor shall provide a published catalog with retail list prices and provide a discount off list price in the Pricing Section.

P. Packaging

Contractor must notify the County if the unit of measure and/or pack count changes during the contract period.

Q. Expiration Date All medications must have an eighteen (18) month expiration date from the date order is received unless industry standards dictate otherwise. All remaining medical supply products must have a three (3) year expiration date from the products are received. Product(s) received with expiration date(s) less than what have been specified herein shall be replaced at no additional charge to the County.

Strict compliance of this request is required. Continuous receipt of products with expiration dates less that what is specified herein may result in termination of the Price Agreement with the successful Contractor.

R. Quality Assurance

The Contractor shall guarantee its products to be free from defects in materials and workmanship, given normal use and care, over the period of the manufacturer's warranty. The Contractor shall agree to repair and/or immediately replace without charge (including all freight) any product or part thereof, which proves to be defective or fails within the warranty period as specified.

S. Delivery

The Contractor shall ship all products F.O.B Destination with the exception of emergency/expedited orders that require a guaranteed delivery date. Prices for all "core" and "non-core" products shall include all transportation, packaging and handling charges.

The County shall pay additional shipping cost for medical products that must be expedited.

Contractor to provide written documentation and estimated costs upon request prior to order placement. Contract must obtain approval for expedited shipping costs from BCFRD.

The County shall not incur any shipping charges for Contractor's failure to maintain sufficient inventory for stocking products or for incorrect products delivered.

Contractor must provide delivery as directed by the Purchase Order to either of the tow (2) location shown below:

Bernalillo County Fire & Rescue Department Attention: EMS Division 6840 2nd St. NW Albuquerque, NM 87107

Bernalillo County Fire & Rescue Department Attention: Nathan Robinson 1120 Coors Rd. SW Albuquerque, NM 87105

Delivers to all locations must be made, Monday through Friday, during the hours of 8:30 AM to 4:00 PM Mountain Standard Time (MST).

It is important to note that the delivery locations do not have loading docks.

The County's count shall be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing slip.

Fulfillment of "core" and "non-core" products shall be delivered with five (5) business days, or sooner, after receipt of order and/or Purchase Order received by 5:00 PM MST unless an extension has been agreed to by BCFRD. Fulfillment of "special order" products shall be delivered within ten (10) business days, or sooner, after receipt of order.

Contractor shall notify BCFRD immediately if unable to meet the delivery times and provide expected delivery date. The County reserves the right to cancel, at no cost to the County, if a shipment delay will impact the operation of BCFRD.

latent defects, fraud and the manufacturer's warranty obligations. The Contractor shall provide credit and/or replacement for freight-damaged and defective products, as well as for products ordered in error or shipped in error.

T. Special Handling/ Shipments

Contractor shall provide all legally required documentation and special handling/packaging for transport of hazardous materials.

U. Packing Slips

All shipped orders shall be accompanied by a packing slip, delivery ticket or bill of lading with the vendor's name, ordering department's name, location, Purchase Order number and number of cartons and must exactly match products as identified on the Purchase Order and/or Order.

Cartons shall be identified by Purchase Order number and vendor name. Unfilled orders and partial shipments shall be so indicated on the packing slip.

V. Fee

No restocking fee charged or collected on products delivered in error, defective products, damaged products, wrong unit of measure shipped, product quality, and/or for failure to deliver the product(s) within the specified period of time. No minimum order requirements or minimum order fee shall apply to the County purchases.

W. Returns

The Contractor shall agree to accept all products for return within 30 days of delivery and credit the ordering department in full. The Contractor will issue the ordering department a Return Authorization (RA) number for the return at no cost to the County. Products returned for credit should be in the same packaging as delivered and include all documentation. Returns include, but are not limited to products delivered in error, defective products, damaged products, returning partial quantities (i.e. when wrong unit of measure is ordered, or wrong unit of measure is shipped) and customer dissatisfaction with a product.

Damaged products shall be replaced within twenty-four (24) hours, upon reorder by BCFRD. All other returns shall be picked up within five (5) business days form the date of notification or at the next delivery, whichever is sooner or as specified in the recall notice for recalled products.

Notification is defined as verbal notification, written notification or by electronic means.

The Contractor shall be responsible for the credit and/or replacement of all products, including those covered by manufacturers' warranties. In all cases, BCFRD shall have the option of taking exchange or receiving a credit. The exchange must be at the same price as the Purchase Order/contract price without exception.

All credits shall be issued within ten (10) business days of the return of the product(s).

X. Customer Service

The Contractor shall provide a customer service department with a toll-free number for stock checks, order status, product or general information requests, price quotes and stock checks for expedited/emergency orders, delivery methods and shipping costs.

Y. Account Order History/ Usage Reports

The Contractor should be capable of producing the following usage reports on a quarterly and fiscal year-end basis (or as otherwise agreed upon by the County and Contractor) that identify BCFRD's "core" products and "non-core" discounted/products that have been purchased for that period. The repots should include the SKU/Product Number, Manufacturer, Product Description, Packaging, Selling Unit of Measure, Unit Price, Quantity Sold, Total Dollar Amount per item and Total Amount Sold for the Quarter and Year End. Reports shall be at no cost to the County.

Sample Report(s) shall be included with bid.

These reports are to be submitted to the County Purchasing Section and BCFRD no later than 15 days after the end of each quarter, fiscal year-end and must include all order activity.

Z. Electronic Ordering Process/System .

It is preferred the Contractor have e-commerce on a secure website for standard catalog browsing, product search and order placement. System to include "core" products and contract pricing, access to all available EMS medical products with list prices and would be maintained and updated in a timely and efficient manner, at no cost to the County, to reflect any changes such as SKU numbers, selling unit of measure, packaging, contract prices, list prices, discontinued and/or replacement products and new products.

AA. Manufacturer's Specifications / Samples / Demonstration

Manufacturer's specifications, samples with manufacturer specifications and or demonstrations shall be furnished upon request for a quality test or comparison without cost to the County during the evaluation process and/or throughout the term of the contract. All manufacturer's specifications and samples shall include vendor name, solicitation number and item number from Submission Form during the evaluation process.

BB. Payment Terms

Standard Payment Terms are net 30 days from product delivery/acceptance or invoice receipt, whichever is later. If the payment is made by mail, the payment shall be deemed tendered on the date is postmarked. The Contractor may submit invoices for payment no more frequently than monthly.

Payments will be made to the Contractor's designated mailing address. No payments will be made for products that do not meet agreed upon pricing, quality or other requirements specified in this

RFB.

Bernalillo County claims an exemption from Federal Excise and New Mexico Sales Tax on tangible personal property (goods).

CC.Price Escalation / De-escalation

The proposal price for "core" products, retail list price for discounted products and prices for any additional contract products must remain fixed for the first year of the Price Agreement. After the first year, in the event of a product cost increase, an escalation request will be reviewed by the Purchasing Section upon receipt of a written notice from the Contractor to the Purchasing Section at least 60 calendar days prior to the expiration of each year of the term of the Agreement. The expiration of each year, for termination purposes, shall be defined as 365 days from the date of execution of the Agreement and every 365 days thereafter. The County reserves the right to accept or reject, within 30 days, of cancel the Price Agreement. Please be advised this measure is not intended to allow any increase in profit margin, only to compensate for an actual cost increase.

A certified letter shall accompany all price increases from the Contractor's supplier showing the increase to the Contractor.

Request for price increase should include, where applicable/available, an option for a substitute product, of equal quality as the discontinued contract item. BCFRD shall, at their sole option, determine whether the alternate product is in the best interest of the County.

Any approvals will be provided by the Purchasing Section to the Contractor in writing. The price changes will become effective as set forth in a written amendment to the Price Agreement and based on a schedule mutually agreed upon by the County and Contractor. Any amendments to the Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon.

If the Contractor receives any price decreases from the supplier of goods sold to the County under this agreement, the Contractor is responsible for notifying the County, in writing, within twenty-four (24) hours of such price decrease, and passing the price changes on to the County according to a schedule that is mutually agreed upon.

All invoices from supplier to the Contractor shall be subject to auditing by the County and furnished immediately upon request. If the escalated price above the current open market price for the same product, the County reserves the right to cancel the Price Agreement. Cancellation of the Price Agreement shall affect any outstanding orders.

If price increases, decreases, additional products and/or substitutions are approved by the County, the Contactor shall update the website, at no additional cost to the County, based upon a mutually agreed upon schedule.

DRAFT AGREEMENT

THIS AGREEMENT, made and entered into this _________day of _________________, 202_, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and ________________________________________, (hereinafter referred to as the "Contractor").

WITNESSED:

WHEREAS, the County issued a Request for Bids for ___________________, RFB No. 46-26-JM, attached hereto as Exhibit A; and

WHEREAS, the Contractor submitted its Bid, dated _____________ 202_, in response to RFB No.

__________, attached hereto as Exhibit B; and

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

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

1. Scope of Work

As set forth in the Scope of Work section of RFB No. 46-26-JM attached hereto as Exhibit A and incorporated herein by reference and made a part of this Agreement. (OR) attached hereto as Exhibit A as supplemented by Exhibit B both of which are incorporated herein by reference and made a part of this Agreement.

2. Term

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

(4) year period…