2018-06-401 Legal Services.pdf

SOCORRO COUNTY

REQUEST FOR PROPOSAL

NO. 2018-06-401

Legal Services

NIGP COMMODITY CODE: 96149

JULY 2018

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. SUMMARY SCOPE OF WORK

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

E. DEFINITION OF TERMINOLOGY

F. PROCUREMENT LIBRARY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue RFP

2. Return of “Acknowledgment of Receipt” Form for Distribution List

3. Pre-Proposal Conference

4. Deadline to submit additional written questions

5. Response to written questions/RFP Amendments

6. Submission of Proposal

7. Proposal Evaluation

8. Notification of Finalists

9. Best and Final Offers

10. Oral Presentations

11. Contract Negotiations

12. Contract Award

13. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors

5. Amended Proposals

6. Offerors' Rights to Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

9. No Obligation

10. Termination

11. Sufficient Appropriation

12. Legal Review

13. Governing Law

14. Basis for Proposal

15. Contract Terms and Conditions

16. Offeror’s Terms and Conditions

17. Contract Deviations

18. Offeror Qualifications

19. Right to Waive Minor Irregularities

20. Change in Contractor Representatives

21. Notice

22. County Rights

23. Right to Publish

24. Ownership of Proposals

25. Ambiguity, Inconsistency or Errors in RFP

26. Competition

27. Use by Other Government Entities

28. Confidentiality

29. Electronic mail address required

30. Use of Electronic Versions of this RFP

31. Insurance

32. Procurement Preferences

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

1. Proposal Organization

2. Other Supporting Materials

IV. SPECIFICATIONS

A. INFORMATION

1. Resident Business Preference

2. Resident Veterans Preference Certificate

3. County Resident Business Preference

4. Response to Requirements

B. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

2. Professional Qualifications (Pass/Fail)

3. Capability and Agreement to Perform (Pass/Fail)

4. Campaign Contribution Disclosure Form (Pass/Fail)

5. Minimum Level of Effort (Pass/Fail)

6. Property Tax Obligations (Pass/Fail)

8. Experience with New Mexico Local Public Body (200 Points)

9. Accessibility (200 Points)

10. Cost (100 Points)

12. Oral Presentation (40 Points)

C. DESIRABLE REQUIREMENTS

1. Specific Experience

2. References (50 Points)

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS: MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

2. Professional Qualifications (Pass/Fail)

3. Capability and Agreement to Perform (Pass/Fail)

4. Campaign Contribution Disclosure Form (Pass/Fail)

5. Minimum Level of Effort (Pass/Fail)

6. Property Tax Obligations (Pass/Fail)

7. Debarment & Suspension Certification (Pass/Fail)

8. Experience with New Mexico Local Public Body (200 Points)

9. Accessibility (200 Points)

10. Cost (100 Points)

11. Percentage of Board Certified Specialists in Local Government Law (50 Points)

12. Oral Presentation (40 Points)

C. EVALUATION FACTORS: DESIRABLE REQUIREMENTS

1. Specific Experience

a. Experience with Contract Law (45 Points)

b. Experience with Employment Law (45 Points)

c. Experience with Procurement Law (45 points)

d. Experience with Criminal Law (45 Points)

e. Experience with Tort Litigation (45 Points)

f. Experience Union Contract Negotiations (45 Points)

g. Experience Land Use & Property Law (45 Points)

h. Experience Creation & Enforcement of Local Ordinances (45 Points)

2. References (50 Points)

D. EVALUATION PROCESS

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

LEGAL SERVICES CONTRACT

APPENDIX C

LETTER OF TRANSMITTAL FORM

APPENDIX D

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX E

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER

RESPONSIBILITY MATTERS

APPENDIX F

RESIDENT VETERANS PREFERENCE CERTIFICATION

APPENDIX G

COST RESPONSE FORM

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The County of Socorro, State of New Mexico, on behalf of the Socorro County Board of County Commissioners, seeks sealed proposals from qualified law firms for legal services to oversee and assist in managing all County related legal matters, ensuring maximum protection of legal rights and continued operation consistent with federal, state and local laws.

B. SUMMARY SCOPE OF WORK

The scope of work consists of providing legal counseling, advice and services to County Commissioners, the County Manager, upper management and elected officials.

C. SCOPE OF PROCUREMENT

The scope of the procurement consists of providing legal counseling, advice and services. The duration of the professional services contract resulting from this RFP shall be for one (1) year from the date of award. This Contract will automatically renew on an annual basis, for up to three (3) additional one (1) year terms unless terminated as provided by this Contract or law. In accordance with Section 13-1-150 NMSA 1978, no term for a professional services contract, including extensions and renewals, shall exceed four (4) years, except as set forth in Section 13- 1-150 NMSA 1978. This procurement will result in a single source award.

D. PROCUREMENT MANAGER

The County of Socorro has designated a Procurement Manager who is responsible for this procurement and whose name, address, and telephone number are listed below. Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing.

Offerors may contact ONLY the Procurement Manager regarding the procurement. Other County employees do not have the authority to respond on behalf of Socorro County.

Sammie Vega-Finch Socorro County Purchasing

Delivery Address (Including proposal delivery):

210 Park Street, Socorro NM 87801

Mailing Address:

P.O. Box I, Socorro, NM 87031

Phone: (575) 835-0589 Fax: (575)835-4629

E-mail: svega@co.socorro.nm.us

NOTE: All deliveries via express carrier (INCLUDING PROPOSAL DELIVERY) should be addressed to Sammie Vega-Finch’s Delivery Address, above.

E. DEFINITION OF TERMINOLOGY

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

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

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

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

"Contractor" means a successful Offeror who enters into a binding contract.

"County" means the County of Socorro, State of New Mexico.

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

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

"Evaluation Committee" means a body appointed by County management to perform the evaluation of Offeror proposals.

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

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

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

"Local public body" means every political subdivision of the State of New Mexico and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities.

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

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

"Procuring agency of the County" means the department or other subdivision of the County of Socorro that is requesting the procurement of services or items of tangible personal property.

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

"Purchasing” means the County of Socorro Purchasing Office or the Socorro County Purchasing Agent.

"Purchasing Agent" or "PA" means the Purchasing Agent for the County of Socorro.

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

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

"Responsive Offer" or "Responsive Proposal" means an offer or proposal 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 and delivery requirements.

“Statement of Compliance” and “Statement of Concurrence” mean an express statement, by the Offeror in their proposal, that they agree with and agree to the stated requirement(s). Possible examples of acceptable responses include “The [NAME HERE Company] agrees to comply with this requirement.” and “The [NAME HERE Company] concurs with this requirement.”

F. PROCUREMENT LIBRARY

The Procurement Library consists of the following documents which may be accessed by their associated Internet links:

• New Mexico Procurement Code http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx

• Socorro County Procurement Policy: 2014-30 http://www.socorrocounty.net/departments/manager/policies-of-socorro-county

• Socorro County Procurement Forms http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx http://www.socorrocounty.net/departments/manager/policies-of-socorro-county http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1

• Socorro County Proposal Documents http://www.bidnetdirect.com//socorro-county (Offerors will need to register online with New Mexico Bid System to access all documents for this RFP)

• New Mexico Veterans/In-State Preference http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1 http://www.bidnetdirect.com/socorro-county http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

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II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule for the procurement, describes the major procurement events and contains the general requirements governing the procurement.

A. SEQUENCE OF EVENTS

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

ACTION RESPONSIBILITY DATE

1. Issue RFP Procurement Manager (PM) 07/29/18

2. Return of “Acknowledgment of Receipt” Form for Distribution List

Potential Offerors (PO) 08/13/18

3. Pre-Proposal Conference PM, PO 08/15/18 @ 11am

4. Deadline to Submit Additional Questions

PO 08/17/18

5. Response to Written Questions/ RFP Amendments

PM 08/21/18

6. Submission of Proposal Offerors 08/29/18 @ 11am

7. Proposal Evaluation Evaluation Committee (EC) 08/30/18 – 09/05/18

8. Notification of Finalists (If desired)

EC 09/06/18

9. Best & Final Offer (If requested) Offerors 09/10/18

10. Oral Presentations (If requested) Offerors 09/13/18

11. Contract Negotiations (If needed)

Tentative winner/County 09/18/18

12. Contract Award* Purchasing Agent/BCC* 09/25/18

13. Protest Deadline Offerors 10/10/18

*Contract award is subject to approval of the Board of County Commissioners.

B. EXPLANATION OF EVENTS

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

1. Issue RFP

This RFP is being issued by the Socorro County Purchasing Agent. The RFP can be accessed online at http://www.bidnetdirect.com//socorro-county.

2. Return of “Acknowledgment of Receipt” Form for Distribution List

Potential offerors should hand deliver or return by facsimile or e-mail or registered or certified mail the “Acknowledgement of Receipt” form that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list.

The form should be signed by an authorized representative of the organization, dated and returned by the close of business on the date indicated in Section II.A (Sequence of Events), above.

The procurement distribution list will be used to notify those that submitted the form of any written responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential offeror's organization name shall not appear on the distribution list.

3. Pre-Proposal Conference

A Pre-Proposal Conference will be held on the date indicated in Section II.A (Sequence of Events), above at 11:00 A.M. MST at the Socorro County Annex Building at 198 Neel Avenue, Socorro NM. Potential offerors are encouraged to submit written questions in advance of the conference to the Procurement Manager (See Section I, Paragraph D).

The identity of the organization submitting the question(s) will not be revealed.

Additional written questions may be submitted at the conference. All written questions will be addressed at the conference. A public log will be kept of the names of potential offerors that attended the Pre-Proposal Conference.

Attendance at the Pre-Proposal Conference is not a prerequisite for submission of a proposal but is highly recommended as questions will be answered.

4. Deadline to submit additional written questions

Potential offerors may submit written questions as to the intent or clarity of this RFP until 5:00 PM MST on the date indicated in Section II.A (Sequence of Events), above. All written questions must be sent by e-mail to the Procurement Manager (See Section I, Paragraph D.)

5. Response to written questions/RFP Amendments

Written responses to written questions and any RFP amendments will be posted as a ‘Communication’ to New Mexico Bid Net at:

http://www.bidnetdirect.com//socorro-county.

Notification of such posting shall be provided to all potential offerors that have returned the “Acknowledgement of Receipt” Form found at Appendix A. A new “Acknowledgement of Receipt” Form will accompany the posted distribution package.

The form should be signed by the offeror's representative, dated, and hand-delivered or returned by facsimile or e-mail or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process.

6. Submission of Proposal

OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION

BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 11:00

AM MST ON THE DATE INDICATED IN SECTION II.A (SEQUENCE OF

EVENTS), ABOVE. PROPOSALS RECEIVED AFTER THIS DEADLINE FOR

ANY REASON WILL NOT BE ACCEPTED OR CONSIDERED.

The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the Procurement Manager at the delivery address listed in Section I, Paragraph D. Proposals must be sealed and should be labeled on the outside of the package to clearly indicate that they are in response to the “Legal Services for Opioid Investigation & Litigation” should reference “RFP #2018-04-401” and should indicate the deadline for receipt (due date and time.) Proposals submitted by facsimile or other electronic means WILL NOT BE ACCEPTED.

A public log will be kept of the names of all offerors submitting proposals. Pursuant to Section 13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award.

7. Proposal Evaluation

The evaluation of proposals will be performed by an Evaluation Committee appointed by County management. This process will take place during the time period indicated in Section II.A (Sequence of Events), above. During this time, the Procurement Manager may at his option initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Notification of Finalists

The Evaluation Committee may select and the Procurement Manager may notify finalist offerors on the date indicated in Section II.A (Sequence of Events), above. Only finalists will be invited to participate in the subsequent steps of the procurement. The Evaluation Committee reserves the right not to utilize the finalist process if they deem it in the best interest of Socorro County.

9. Best and Final Offers

Finalists may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers on the date indicated in Section II.A (Sequence of Events), above.

10. Oral Presentations

Finalist Offerors may be required to make an oral presentation to the Evaluation Committee. If so required, the Procurement Manager will schedule the time for each Offeror’s presentation. All presentations will be made at the Socorro County Annex

Building at 198 Neel Avenue, Socorro NM 87801. Each presentation will be limited to a fixed amount of time as designated by the Procurement Manager in the Oral Presentation requirement notification.

11. Contract Negotiations

If necessary, contract negotiations shall commence with the most advantageous offeror no later than the date indicated in Section II.A (Sequence of Events), above. In the event that mutually agreeable terms cannot be reached within the time specified, the County reserves the right to finalize a contract with the next most advantageous offeror without undertaking a new procurement process.

12. Contract Award

After review of the Evaluation Committee Report and the tentative contract, the Purchasing Agent anticipates the Board of County Commissioners will award the contract on the date indicated in Section II.A (Sequence of Events), above. This date is subject to change at the discretion of the Purchasing Agent or the Board of County Commissioners.

Any contract awarded shall be awarded to the offeror whose proposal is most advantageous to Socorro County, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points.

13. Protest Deadline

Any protest by an Offeror must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978 and Socorro County Procurement Policy #2014-30, Section 26. The fifteen (15) day protest period for timely Offerors shall begin on the day following contract award and will end at 5:00 PM MST on the date indicated in Section II.A (Sequence of Events), above. Protests must be written and must include the name and address of the protestor and the Request for Proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Purchasing Agent. The protest must be delivered to the Purchasing Agent.

Attn. Sammie Vega-Finch, County Purchasing Agent 210 Park Street

Socorro, New Mexico 87801

NOTE: Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the New Mexico Procurement Code (13- 1-28 NMSA 1978) and Socorro County Procurement Policy (#2014-30).

1. Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement in the letter of transmittal form (see Appendix C). Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2. Incurring Cost

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

3. Prime Contractor Responsibility

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

4. Subcontractors

Use of subcontractors must be clearly explained in the proposal and each must be identified by name. The prime contractor shall be wholly responsible for contract performance whether or not subcontractors are used. Substitution of subcontractors, after contract award, must receive prior written approval of the County Purchasing Office.

5. Amended Proposals

An offeror may submit an amended proposal before the deadline for receipt of proposals.

Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. County personnel will not merge, collate, or assemble proposal materials.

6. Offerors' Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm

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

8. Disclosure of Proposal Contents

The proposals will be kept confidential until a contract is awarded by the awarding authority. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material which is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the remaining portions of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-I to 57-3A-7 NMSA 1978. 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 data for which an offeror has made a written request for confidentiality, the Purchasing Agent shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates Socorro County or any of their departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Purchasing Agent and other required approval authorities.

10. Termination

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

11. Sufficient Appropriation

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

12. Legal Review

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

13. Governing Law

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

14. Basis for Proposal

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

15. Contract Terms and Conditions

The contracts between Socorro County and the contractor will follow the format specified by the County and contain the terms and conditions set forth in Appendix B, Sample Contract. However, the County reserves the right to negotiate with a successful offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised or supplemented, and the successful offeror's proposal will be incorporated into and become part of the contract.

Should an offeror object to any of the County’s terms and conditions, as contained in this Section or in Appendix B, that offeror must propose specific alternative language. The County may or may not accept the alternative language, at the County’s sole discretion.

General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to the County and could lead to disqualification of the offeror's proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording in order for the proposed alternate wording to be considered.

16. Offeror’s Terms and Conditions

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

17. Contract Deviations

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

18. Offeror Qualifications

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

NMSA 1978.

19. Right to Waive Minor Irregularities

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

20. Change in Contractor Representatives

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

21. Notice

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

22. County Rights

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

23. Right to Publish

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

24. Ownership of Proposals

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

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

25. Ambiguity, Inconsistency or Errors in RFP

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

26. Competition

By submitting a proposal, offeror certifies that they have not, either directly or indirectly, entered into any action in restraint of full competition in connection with the proposal submitted to the County.

27. Use by Other Government Entities

By submitting a proposal, offeror indicates that they understand and agree that other government entities within the State of New Mexico, or as otherwise allowed by their governing directives, may contract for the goods or services included in this procurement document with the awarded contractor(s). Contractual engagements accomplished under this provision shall be solely between the awarded vendor and the contracting government entity with no obligation or liability by Socorro County.

28. Confidentiality

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

29. 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.

30. Use of Electronic Versions of this RFP

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

31. Insurance

The legal firm will be required to provide proof of, and maintain, insurance prior to performing work for Socorro County. The requirements are as follows:

1. Professional Liability: Minimum $1,000,000.00 aggregate

2. Workers Compensation:

a. Contractor shall comply with the provisions of the Worker’s Compensation Act.

3. Increased Limits:

a. If, during the life of this Agreement, the Legislature of the State of New Mexico increases the maximum limits of liability under the Tort Claims Act (NMSA 1978, Section 41-4-1 et seq., Contractor shall increase the maximum limits of any insurance required herein.

4. Malpractice/Errors & Omissions Insurance:

a. Contractor shall procure and maintain during the life of this Agreement professional liability (errors and omissions) insurance with policy limits of not less than $1,000,000.00 per occurrence, $2,000,000.00 per aggregate.

5. Socorro County Named as Additionally Insured:

a. This condition is required for all insurances requested except Professional

Liability.

Coverage must be as broad as the coverage provided to the insured. Coverage must be primary and non-contributory before any other insurance or self-insurance. A copy of endorsement for this coverage must provided.

The certificate must state that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to Socorro County.

32. Procurement Preferences

New Mexico Resident Business Preference New Mexico law, Section 13-1-21 NMSA 1978, provides a preference in the award of a public works contract for an “in-state resident business.” Application of a resident business preference for any Offeror requires the Offeror to provide a copy of a valid and current certificate as a resident business. Certificates are issued by the state taxation and revenue department.

If an Offeror submits with its proposal a copy of a valid and current in-state resident business certificate, 5% of the total weight of all evaluation factors used in the evaluation of proposals may be awarded or added to the Offerors score.

Certification by the department of taxation and revenue for the resident contractor takes into consideration such activities as the business or contractor’s payment of property taxes or rent in the state and payment of unemployment insurance on employees who are residents of the state.

OR

New Mexico Resident Veteran Business Preference New Mexico law, Section 13-1-22 NMSA 1978, provides a preference in the award of a public works contract for an “in-state resident veteran business.” Certification by the department of taxation and revenue for the resident veteran business requires the Offeror to provide evidence of annual revenue and other evidence of veteran status.

An Offeror who wants the veteran contractor preference to be applied to its proposal is required to submit with its proposal the certification from the NM Department of Taxation and Revenue and the sworn affidavit attached hereto as Appendix F.

If an Offeror submits with its proposal a copy of a valid and current veteran resident business certificate, 10%, 8% or 7% of the total weight of all the evaluation factors used in the evaluation of proposals may be awarded or added to the Offeror’s score, depending on the business’ annual revenue.

The resident business preference is not cumulative with the resident veteran business preference.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors may submit only one (1) proposal in response to this RFP.

B. NUMBER OF COPIES

Offerors shall deliver four (4) identical copies of their proposal to the location specified in Section I, Paragraph D on or before the closing date and time for receipt of proposals. (Identical copies are defined as the original plus the number of additional copies needed to fulfill the requirement. For example, a requirement for four (4) identical copies would be fulfilled by submitting the original and three [3] copies of the original.) The original copy should be clearly marked “ORIGINAL” on the front cover and shall contain original signatures.

C. PROPOSAL FORMAT

All proposals must be typewritten on standard 8 1/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section.

1. Proposal Organization

The proposal must be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated.

a. Letter of Transmittal Form (See Appendix C)

b. Table of Contents

c. Proposal Summary (optional)

d. Response to Mandatory Requirements

e. Response to Desirable Requirements

f. Other Supporting Materials

Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP under Section V. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal.

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

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

2. Other Supporting Materials

Offerors may attach other materials which they feel may improve the quality of their responses. However, these materials may not be reviewed by members of the Evaluation Committee and will not be scored.

IV. SPECIFICATIONS

A. INFORMATION

1. Resident Business Preference

A valid Resident Preference Certificate issued by the New Mexico Taxation and Revenue Department must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying resident business. See Section I.F, above, for more information.

2. Resident Veterans Preference Certificate

A complete and signed Resident Veterans Preference Certificate must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying Resident Veteran. See Section V.D.4 for more information.

3. County Resident Business Preference

A valid Socorro County Resident Preference Certificate issued by the Socorro County Procurement Office must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying resident business. See Section I.F, above, for more information.

4. Response to Requirements

Each mandatory requirement in sections IV.B.1 through IV.B.12, below, requires a vendor response, as indicated. Failure to respond to, or properly comply with, a mandatory requirement may result in the disqualification of the Offeror’s proposal. Each desirable requirement in sections IV.C.1 through IV.C.2, below may be answered at the Offeror’s discretion. Failure to respond to a desirable requirement will result in a score of zero (0) being assigned for that requirement.

B. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

Offeror must complete and submit the “Letter of Transmittal Form”, found at Appendix C, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

2. Professional Qualifications (Pass/Fail)

All persons within the proposing law firm that will be providing legal opinions and guidance must hold a minimum of a Juris Doctor (J.D.) degree from an American Bar

Association recognized law school AND must be a member of a State Bar. Proof of compliance with BOTH requirements must be provided with the proposal.

3. Capability and Agreement to Perform (Pass/Fail)

Offeror certifies that they are capable and qualified to provide the products or services required by this RFP and agrees to perform the Scope of Work as specified in the Contract at Appendix B. A statement of concurrence is required.

4. Campaign Contribution Disclosure Form (Pass/Fail)

Offeror must complete and sign the Appendix D, Campaign Contribution Disclosure Form – whether any applicable contribution has been made or not. This form must be submitted with your proposal whether an applicable contribution has been made or not.

Note that there are two (2) different signature sections within the form. (For purposes of this requirement, the applicable elected public officials within the County of Socorro are Commissioners Pauline Jaramillo, Glen Duggins, Martha Salas, Antonio “Ray” Martinez, Manuel Anaya. Assessor Henry Jojola; Clerk Betty Saavedra; Treasurer Tina Lujan;

Sheriff William Armijo and Probate Judge Darryl Cases.

5. Minimum Level of Effort (Pass/Fail)

Offeror must agree to commit a minimum of one thousand (1000) person hours annually to the performance of this contract by one or more persons meeting the minimum professional qualifications required in Section IV.B.2, above. A statement of concurrence is required.

6. Property Tax Obligations (Pass/Fail)

Offerors are required to certify that they are not delinquent in the payment of their property tax obligations and that they will not become delinquent in the payment of their property tax obligations during the term of any contract that may be awarded pursuant to this solicitation. Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non-compliant contractor. Offerors that fail to comply with the certification requirements will be considered non-responsive and excluded from further consideration. A statement so certifying is required.

7. Debarment & Suspension Certification (Pass/Fail)

Offeror must complete and submit the “Debarment & Suspension Certification Form”, found at Appendix E, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

8. Experience with New Mexico Local Public Body (200 Points)

Offerors must have a minimum of four (4) years of experience providing full-time legal services to a New Mexico local public body. Offerors must describe, in narrative form, how they meet this requirement. The response must include the total number of years of experience being claimed. This should include a break-down per local public body if experience with more than one local public body is being claimed.

9. Accessibility (200 Points)

Twenty-four hour a day, seven days a week (“24/7”) access to legal services and advice is required to deal with urgent and unexpected legal matters. If awarded the Contract, Offeror must be available 24/7, whenever needed, and easily accessible (including phone and email). Offeror must explain, in narrative format, how they will meet this requirement with a focus on their accessibility.

10. Cost (100 Points)

Offeror must complete and submit the Cost Response Form, at Appendix G, providing proposed annual contract cost for accomplishing the scope of work as well as a monthly cost schedule. State gross receipts and local option taxes (if any) shall not be included in the proposed cost. Such taxes shall be separately reimbursed to the contractor by the County.

11. Percentage of Board Certified Specialists in Local Government Law (50 Points)

Offeror can certify the percentage of all persons within the proposing law firm that hold certification in Local Government Law by the New Mexico Board of Legal Specialization.

12. Oral Presentation (40 Points)

If required by the Evaluation Committee, Offeror must agree to attend and participate in an oral presentation as specified by the Evaluation Committee. A statement of concurrence is required. If held, the offeror will be required to present their proposal and explain their approach to providing legal services to Socorro County.

C. DESIRABLE REQUIREMENTS

1. Specific Experience

a. Experience with Contract Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, contract law in a local public body setting. This should include litigation experience.

Offerors should describe, in narrative form, how they meet this requirement.

The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

b. Experience with Employment Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, employment law in a local public body setting. This should include litigation experience. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

c. Experience with Procurement Law (45 points)

Offerors should be familiar with, and experienced in dealing with, procurement law in a local public body setting. This should include litigation experience. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

d. Experience with Criminal Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, criminal law in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

e. Experience with Tort Litigation (45 Points)

Offerors should be familiar with, and experienced in dealing with, tort litigation in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

f. Experience with Union Contract Negotiations (45 Points)

Offerors should be familiar with, and experienced in dealing with, union contract negotiations in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

g. Experience with Land Use & Property Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, land use and property law in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

h. Experience with Creation & Enforcement of Local Ordinances (45 Points)

Offerors should be familiar with, and experienced in dealing with, creating and enforcing ordinances in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

2. References (50 Points)

Offeror should provide names and current contact information for at least two (2) local public bodies or private companies for which your firm has provided similar services.

Offeror must also describe the type of service provided to each, when the service was performed and the duration of the service.

V. EVALUATION

A. EVALUATION POINT SUMMARY

The following is a summary of evaluation factors with point value assigned to each or a Pass/Fail evaluation. These, along with the general requirements, will be used in the evaluation of individual Offeror proposals.

REF. REQUIREMENT POINTS

AVAIL.

IV.B.1 Letter of Transmittal Form (Appendix C) 0* IV.B.2 Professional Qualifications 0* IV.B.3 Capability and Agreement to Perform 0* IV.B.4 Campaign Contribution Disclosure Form (Appendix D) 0* IV.B.5 Minimum Level of Effort 0* IV.B.6 Property Tax Obligations 0* IV.B.7 Debarment & Suspension Certification (Appendix E) 0* IV.B.8 Experience with New Mexico Local Public Body 200 IV.B.9 Accessibility 200 IV.B.10 Cost (Appendix G) 100 IV.B.11 Percentage of Board Certified Specialists in Local Gov’t Law 50 IV.B.12 Oral Presentation 40 IV.C.1. a Experience with Contract Law 45 IV.C.1. b Experience with Employment Law 45 IV.C.1. c Experience with Procurement Law 45 IV.C.1. d Experience with Criminal Law 45 IV.C.1. e Experience with Tort Litigation 45 IV.C.1. f Experience with Union Contract Negotiations 45 IV.C.1. g Experience with Land Use & Property Law 45 IV.C.1. h Experience with Creation & Enforcement of Local Ordinances 45 IV.C.2 References 50

TOTAL 1,000

*Pass/Fail only.

Points will be awarded based on the evaluation factors found in V.B.1 through V.C.2, below, as indicated.

B. EVALUATION FACTORS: MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

2. Professional Qualifications (Pass/Fail)

3. Capability and Agreement to Perform (Pass/Fail)

4. Campaign Contribution Disclosure Form (Pass/Fail)

5. Minimum Level of Effort (Pass/Fail)

6. Property Tax Obligations (Pass/Fail)

7. Debarment & Suspension Certification (Pass/Fail)

8. Experience with New Mexico Local Public Body (200 Points)

Points will be awarded based on the depth and breadth of the overall experience of the Offeror. The Evaluation Committee will pay particular attention to the similarity between described experience and the work required to be performed under this RFP as well as the complexity and difficulty of work described in the Offeror’s response. Offeror responses will also be compared to submittals from other Offerors under this RFP.

9. Accessibility (200 Points)

Points will be awarded based on the convincingness of the Offeror’s response to the requirement to be available 24/7 as well as the indicated ease of reaching the Offeror whenever needed, the number of optional methods available to reach the Offeror and the convincingness of the Offeror’s explanation of how they will be easily accessible. The Offeror’s explanation of how they will be easily accessible will be the most heavily weighted portion of this evaluation factor.

10. Cost (100 Points)

Points will be awarded based on the total cost proposed on the Cost Response Form and calculated using the following formula:

𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂′𝑠𝑠𝑠𝑠𝑂𝑂𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 =

𝐿𝐿𝑂𝑂𝐿𝐿𝑂𝑂𝑠𝑠𝑠𝑠 𝐴𝐴𝑠𝑠𝑠𝑠𝐴𝐴𝐴𝐴𝐴𝐴 𝑠𝑠𝑂𝑂𝑂𝑂𝑃𝑃𝑂𝑂𝑠𝑠𝑂𝑂𝑃𝑃 𝐶𝐶𝑂𝑂𝑠𝑠𝑠𝑠

𝑇𝑇ℎ𝑠𝑠𝑠𝑠 𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂′𝑠𝑠 𝐴𝐴𝑠𝑠𝑠𝑠𝐴𝐴𝐴𝐴𝐴𝐴…