2021-01-415 Bid Package.pdf

SOCORRO COUNTY

INVITATION TO BID

No. 2021-01-415

Inmate Pharmaceuticals

• Over-the-counter medications

• Prescription medications

Contents

ADVERTISEMENT FOR BIDS

I. INTRODUCTION

A. Purpose of this Invitation to Bid B. Summary Scope of Work C. Scope of Procurement D. Procurement Manager E. Definition of Terminology F. Resident/Veteran Business Preference

1. Resident Business Preference

2. Resident Veterans Preference

3. County Resident Business Preference

G. Procurement Library

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue ITB

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

3. Pre-Bid Conference

4. Deadline to submit additional written questions

5. Response to written questions/ITB Amendments

6. Submission of Bids

7. Public Opening

8. Bid Tabulation

9. Contract Award

10. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors

5. Amended Bids

6. Bidders’ Rights to Withdraw Bid

7. Bid Offer Firm

8. No Obligation

9. Termination

10. Sufficient Appropriation

11. Legal Review

12. Governing Law

13. Basis for Bid

14. Contract Terms and Conditions

15. Bidder Qualifications

16. Right to Waive Minor Irregularities

17. Change in Contractor Representatives

18. Notice

19. County Rights

20. Ownership of Bids

21. Ambiguity, Inconsistency or Errors in ITB

22. Competition

23. Use by Other Government Entities

24. Confidentiality

25. Delivery & Failure to Meet Order Provisions

26. Discounts

27. County Furnished Property

28. Packing, Shipping, & Invoicing

29. Electronic mail address required

30. Use of Electronic Versions of this ITB

31. Award Rights

32. Deliver

33. Addenda

34. Procurement Preferences

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. BID CONTENTS

D. BID FORMAT

E. BID SUBMITTAL REQUIREMENTS

IV. SPECIFICATIONS AND REQUIREMENTS

A. INFORMATION

1. Restrictive Specifications

2. Use of Brand Names and Numbers

3. Equivalent Items Bid

4. Special Conditions

5. Response to Requirements

B. DESIGN SPECIFICATIONS

C. MANDATORY REQUIREMENTS

D. OTHER REQUIREMENTS

V. BID OPENING, PROCESSING AND AWARD

A. BID RECEIPT

B. BID OPENING

C. EVALUATION PROCESS

D. AWARD AND ORDER PROCESS

1. Contract Award

2. Order(s)

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

SPECIFICATIONS

APPENDIX C

BID FORM

APPENDIX D

LETTER OF TRANSMITTAL FORM

APPENDIX E

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX F

RESIDENT VETERANS PREFERENCE CERTIFICATION

APPENDIX G

BID SUBMITTAL CHECKLIST

APPENDIX H

PRICE AGREEMENT CONTRACT

ADVERTISEMENT FOR BIDS

INVITATION TO BID ITB #2021-01-415

INMATE PHARMACEUTICALS

Socorro County is seeking bids from licensed pharmacies for providing prescription and over the counter drugs to the Socorro County Detention Center to meet the ongoing needs of the inmates.

Bids may be held for ninety (90) days subject to all action by the County. Socorro County reserves the right to reject any and all bids in part or in whole. A completed bid package shall be submitted in a sealed container indicating the ITB title and number along with the Offeror's name and address clearly marked on the outside of the container All bids must be received by the deadline of 1:45 PM (Mountain Time) on Monday, March 22nd, 2021 at the Socorro County Manager’s Office, 210 Park Street, Socorro, New Mexico at which time and place the bid opening will start.

By submitting a bid for the requested services/items each Bidder is certifying that its bid complies with regulations and requirements stated within the Invitation to Bid.

ANY BID PACKAGE RECEIVED BY THE PURCHASING DIVISION AFTER

THE DATE AND TIME SPECIFIED ABOVE WILL NOT BE CONSIDERED AND

WILL BE REJECTED BY SOCORRO COUNTY.

EQUAL OPPORTUNITY EMPLOYMENT: All qualified Bidders will receive consideration of contract(s) without regard to race, color, religion, sex or national origin.

Invitation for Bid packages will be available online at http://www.bidnetdirect.com//socorro-county Interested bidders will need to register to access the documents. For questions regarding this bid please contact the Socorro County Chief Procurement Officer, Sammie Vega-Finch via email at svega@co.socorro.nm.us or by phone 575-835-0589.

http://www.bidnetdirect.com/socorro-county mailto:svega@co.socorro.nm.us

I. INTRODUCTION

A. Purpose of this Invitation to Bid The County of Socorro (hereinafter the “County”), seeks sealed bids from licensed pharmacies, properly registered and licensed to do business in the State of New Mexico, to provide prescription and over the counter drugs to the Socorro County Detention Center to meet the ongoing needs of the inmates.

B. Summary Scope of Work The scope of work consists of providing goods and services requested in this procurement that complies with the cited specifications or, if no specifications are cited, with commonly accepted standards and specifications for the industry.

C. Scope of Procurement This is a Price Agreement being conducted by the County of Socorro. The scope of the procurement consists of identifying one or more companies that can provide the goods and services described herein. This procurement will result in the award of one or more indefinite quantity Price Agreements. Such Price Agreement(s) may be utilized by any state agency or local public body within the State of New Mexico in accordance with Section 13-1-129.A(2) NMSA 1978, unless otherwise prohibited by that agency’s local governing regulations, in addition to the County. The term of the Price Agreement(s) shall be for one (1) year. Unless otherwise terminated pursuant to the Price Agreement, the Price Agreement(s) shall automatically renew, on an annual basis, for up to three (3) additional one year terms. Under no circumstances will the term of the Price Agreement(s), including any extensions and renewals thereto, exceed four (4) years. This procurement may result in a multiple source award.

Bidders should factor in this potential to offer the products and services called for here to cities, counties and state agencies throughout the State of New Mexico when developing their pricing and should strive to be as competitive as possible.

D. Procurement Manager The County of Socorro has designated a Procurement Officer who is responsible for this procurement and whose name, address, and telephone number are listed below.

Any inquiries or requests regarding this procurement shall be submitted to the Chief Procurement Officer in writing. Bidders may contact ONLY the Chief Procurement Officer regarding the procurement. Other County employees do not have the authority to respond on behalf of the County of Socorro:

Sammie Vega-Finch

Chief Procurement Officer

Delivery Address:

210 Park Street, Socorro, NM 87801

Mailing Address:

P.O. Box I, Socorro, NM 87801

Phone: 575.835.0589 ext. 1105 Fax: 575.835.4629

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

NOTE: All deliveries via express carrier (INCLUDING BID 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 Bidder 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.)

"Finalist" is defined as a Bidder who meets all the mandatory specifications of this Invitation to Bid.

"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 Bidders bid.

"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.

"Bidder" is any person, corporation, or partnership who chooses to submit a bid.

"Procurement Manager" or “PM” means the person or designee authorized by the County to manage or administer a procurement.

"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.

"Responsible Bidder" means a Bidder who submits a responsive bid 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 bid.

"Responsive Bid" means a bid which conforms in all material respects to the requirements set forth in the invitation to bid. Material respects of a request for bids 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 Bidder in their bid, 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. Resident/Veteran Business Preference

1. Resident Business Preference The New Mexico Procurement Code provides for preference for resident businesses and Contractors under certain conditions. If applicable, the preference will be provided to those Bidders that have provided a valid resident business preference certificate with their bid, as required by 13-1-22 NMSA 1978.

In order for a Bidder to receive preference as a resident business, that Bidder must submit a copy of their resident business preference certificate with their bid. The preference certificate must have been issued by the New Mexico Taxation and Revenue Department. Providing only a preference number or a copy of the application is not acceptable.

For more information and application forms, go to:

http://www.tax.newmexico.gov/Businesses/Pages/In- StatePreferenceCertification.aspx

2. Resident Veterans Preference Effective July 1, 2012, certain preferences are available to Resident Veteran Businesses. [Please see Section V.C.4 for more information and especially note Appendix F.] In order for a Bidder to receive preference as a resident veteran business, that Bidder must submit a copy of their resident veteran business preference certificate with their bid. The preference certificate must have been issued by the New Mexico Taxation and Revenue Department. Providing only a preference number or a copy of the application is not acceptable.

For more information and application forms, go to:

http://www.tax.newmexico.gov/Businesses/Pages/In- StatePreferenceCertification.aspx

3. County Resident Business Preference Socorro County Ordinance 2013-003 provides for preference for Socorro County resident businesses and contractors under certain conditions. If applicable, the preference will be provided to those Bidders that have provided a valid Socorro County resident business preference certificate with their bid, as required by Ordinance 2013-003 Section 6.

In order for a Bidder to receive preference as a resident business, that Bidder must submit a copy of their preference certificate with their bid. The preference certificate must have been issued by the County of Socorro after June 25, 2013.

Providing only a preference number is not acceptable and will not qualify the Bidder for any preference.

For more information, the ordinance is available for download at:

http://www.socorrocounty.net/Public-Information/Ordinances

Applications can be found at:

http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1 http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx http://www.socorrocounty.net/Public-Information/Ordinances http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1

G. 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

- New Mexico Veterans/In-State Preference

- Socorro County Local Option Procurement Preference Ordinance: 2013-003 http://www.socorrocounty.net/Public-Information/Ordinances

- Socorro County Procurement Forms http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1

- Socorro County Bid Documents http://www.bidnetdirect.com//socorro-county (Bidders will need to register online with New Mexico Bid System to access all documents for this bid) http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx http://www.socorrocounty.net/departments/manager/policies-of-socorro-county http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx http://www.socorrocounty.net/Public-Information/Ordinances

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the ITB 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 ITB Procurement Manager (PM) 02/07/21

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

PM, Potential Bidders (PB) 02/18/21

3. Pre-Bid Conference PM, PB

4. Deadline to Submit Additional Questions

PB 02/18/21

5. Response to Written Questions/ Amendments

PM 02/25/21

6. Submission of Sealed Bids Bidders 03/22/21 @ 1:45 PM

7. Public Opening Purchasing, Bidders, General

Public

03/22/21 @ 2:00 PM

8. Bid Tabulation Purchasing 03/24/21

9. Contract Award Purchasing Officer, BCC 04/13/21

10. Protest Deadline Bidders 04/28/21

*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 ITB

This ITB is being issued by the Procurement Manager on behalf of the County of Socorro and the Socorro County Board of County Commissioners. The bid can be accessed online at http://www.bidnetdirect.com//socorro-county.

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

Potential Bidders 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 ITB amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the ITB, and the potential Bidder's organization name shall not appear on the distribution list.

3. Pre-Bid Conference

A Pre-Bid Conference will not be held for this bid.

4. Deadline to submit additional written questions

Potential Bidders may submit additional written questions as to the intent or clarity of this ITB until close of business 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/ITB Amendments

Written responses to written questions and any ITB amendments will be posted to the New Mexico Bid Net at http://www.bidnetdirect.com//socorro-county. Notification of such posting shall be provided to all potential Bidders 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 Bidder'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 Bids

BIDS MUST BE RECEIVED BY THE PROCUREMENT MANAGER OR

DESIGNEE NO LATER THAN 11:00 AM MDT ON THE DATE

INDICATED IN SECTION II.A (SEQUENCE OF EVENTS), ABOVE. BIDS

RECEIVED AFTER THIS DEADLINE FOR ANY REASON WILL NOT

BE ACCEPTED OR CONSIDERED.

The date and time of receipt will be recorded on each bid. Bids must be addressed and delivered to the Procurement Manager at the delivery address listed in Section I, Paragraph D. Bids must be sealed and should be labeled on the outside of the package to clearly indicate that they are in response to the “Inmate Pharmaceuticals”, should reference “ITB# 2021-01-415” and should indicate the deadline for receipt (due date and time.) Bids submitted by facsimile or other electronic means WILL NOT BE ACCEPTED.

7. Public Opening

All bids timely received will be opened and read aloud in a public forum at the Socorro County Manager’s Office, 210 Park Street, Socorro, New Mexico on the date and time indicated in Section II.A (Sequence of Events), per NMSA 1978, Section 13-1-107 (1984). Bidders are encouraged to attend.

At the bid opening, the amount of each bid and each bid item, if appropriate, and such other relevant information as may be specified by the Purchasing Agent, together with the name of each bidder, will be recorded, and the record and each bid will be open to public inspection.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our Public Bid Opening, please contact the Procurement Manager (see Section I.D., above.) at least seven (7) days prior to the scheduled bid opening.

8. Bid Tabulation

After the public opening, the bids will be assessed for responsiveness. Responsive bids will be tabulated (price compared) to identify the lowest price(s) submitted.

During this time, the Procurement Manager may, at his or her option, initiate discussions with Bidders for the purpose of clarifying aspects of the bids, but bids may be accepted and considered without such discussion. Discussions SHALL NOT be initiated by the Bidders.

9. Contract Award

The Purchasing Agent anticipates contract award 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.

10. Protest Deadline

Any protest by a Bidder 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 Bidders shall begin on the day following contract award and will end at 5:00 PM MDT 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 Invitation to Bid 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.

Socorro County Purchasing

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

P.O. Box I 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

Bidders must indicate their acceptance of the Conditions Governing the Procurement in the letter of transmittal form (see Appendix D). Submission of a bid constitutes acceptance of the Terms and Conditions contained herein.

2. Incurring Cost

Any cost incurred by the Bidder in preparation, transmittal, presentation of any bid or material or negotiation associated with their response to this ITB shall be borne solely by the bidder.

3. Prime Contractor Responsibility

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

4. 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 Bids

A Bidder may submit an amended bid before the deadline for receipt of bids.

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

6. Bidders’ Rights to Withdraw Bid

Bidders will be allowed to withdraw their bids at any time prior to the deadline for receipt of bids. The Bidder must submit a written withdrawal request signed by the Bidder's duly authorized representative addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the bids is governed by the applicable procurement regulations. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the County.

7. Bid Offer Firm

Responses to this ITB, including bid prices, will be considered firm for ninety

(90) days after the due date for receipt of bids. With the submission of the bid, bidders agree to the contract contained in this ITB.

8. No Obligation

This procurement in no manner obligates Socorro County or any of its 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 and one or more valid Purchase Orders are issued.

9. Termination

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

10. Sufficient Appropriation

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

11. Legal Review

The County requires that all bidders agree to be bound by the General Requirements contained in this ITB. Any bidder’s concerns must be promptly brought to the attention of the Procurement Manager.

12. Governing Law

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

13. Basis for Bid

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

14. Contract Terms and Conditions

The contract between the County the contractor will follow the format specified by the County and contain the terms and conditions set forth in Appendix H, Price Agreement.

15. Bidder Qualifications

The County may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this ITB. The County will reject the bid of any Bidder who is not a responsible Bidder or fails to submit a responsive bid as defined in Sections 13-1-82 and 13-1-84 NMSA 1978.

Bidders must, upon request of the County, provide information and data to prove that the financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The County reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

16. Right to Waive Minor Irregularities

The County reserves the right to waive minor irregularities. The County also reserves the right to waive mandatory requirement(s) provided that all of the otherwise responsive bids failed to meet the same mandatory requirement(s) or doing so does not otherwise materially affect the procurement.

17. 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.

18. 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.

19. County Rights

The County reserves the right to accept all or a portion of a Bidder’s bid and to award to the Bidder whose bid is deemed to be in the best interest of the County.

20. Ownership of Bids

All documents submitted in response to the ITB shall become the property of the County. However any technical or user documentation submitted with the bids of non-selected Bidders may be returned after the expiration of the protest period, by request, at the expense of the Bidder.

21. Ambiguity, Inconsistency or Errors in ITB

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

ITB.

22. Competition

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

23. Use by Other Government Entities

By submitting a bid, 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.

24. Confidentiality

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

25. Delivery & Failure to Meet Order Provisions

a. No Delivery before Purchase Order is Issued: No Bidder, including a Bidder to whom an award is made, shall deliver any item of tangible personal property, commence services or start construction prior to the issuance of a Purchase Order or Notice to Proceed issued by the Socorro County Purchasing Department.

b. Failure to Meet Order Provisions: The County reserves the right to cancel all or any part of an order without cost to the County, if the Contractor fails to meet the provisions of that order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the County due to the Contractor's default.

26. Discounts

The Bid Form provides a space for the Bidder to identify prompt payment terms the Bidder is offering, if any. Prompt payment discounts will not be considered in computing the low bid. Discounts for payment within twenty (20) days will be considered after the award of the Contract. Discounted time will be computed from the date of receipt of the merchandise, invoice or billing for services, whichever is later.

27. County Furnished Property

County furnished property shall be returned to the County upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

28. Packing, Shipping, & Invoicing

a. The County’s Purchasing Order number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the Socorro County Accounts Payable Office and NOT to the using agency.

29. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Bidder must have a valid e-mail address to receive this correspondence.

30. Use of Electronic Versions of this ITB

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

31. Award Rights

The County reserves the right to award this Invitation to Bid to the lowest overall cost (including option items) on an all or none basis.

32. Deliver All deliveries must be F.O.B. Destination – Freight Pre-Paid, unless otherwise indicated by the Procurement Officer.

33. Addenda

Changes or amendments to specifications, conditions or provisions herein may be initiated ONLY through the Purchasing Department in the form of a written addendum. Any addenda shall become a part of this bid.

It is the responsibility of all persons or businesses considering submitting a bid in response to this solicitation to ensure that they have received all addenda prior to making a bid. Addenda will be posted to the New Mexico Bid Net at http://www.bidnetdirect.com//socorro-county prior to the due date for the receipt of bids. All potential Bidders that have submitted the Acknowledgement of Receipt Form (at Appendix A) will be notified of the availability of such addenda.

34. 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

Bidder’s may submit only one (1) response to this ITB.

B. NUMBER OF COPIES

Bidders shall deliver one (1) signed and sealed bid to the location specified in Section I.D. on or before the closing date and time for receipt of bids.

C. BID CONTENTS

All bids MUST contain the following five (5) items (failure to do so may result in your bid being deemed non-responsive):

1. COMPLETED AND SIGNED Letter of Transmittal Form (Appendix D)

2. COMPLETED AND SIGNED Bid Form (Appendix C)

3. COMPLETED AND SIGNED Campaign Disclosure Form (Appendix E)

4. COMPLETED AND SIGNED Resident Veterans Preference Certification Form (Appendix F)

5. COMPLETED AND SIGNED Price Agreement Contract (Appendix H)

Bids MAY contain the following OPTIONAL items:

6. Resident Business Preference State of New Mexico Certificate (See Section I.F.1.)

7. Resident Veterans Preference State of New Mexico Certificate (See Section I.F.2.)

8. County Resident Business Preference Socorro County Certificate (See Section I.F.3.)

Failure of Bidder to complete & submit required bidding documents, in accordance with all instruction provided, is cause for rejection of their bid (A Bid Submittal Checklist is provided at Appendix G to assist Bidders in insuring they are submitting a complete and proper bid).

D. BID FORMAT

1. To preclude any possible errors or misrepresentations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening. Failure to comply will be just cause for rejection of the bid.

2. The unit price(s) shall exclude all state and local taxes.

E. BID SUBMITTAL REQUIREMENTS

Bids must be submitted in a sealed envelope. The bid title, the bid number and the opening date and time should be clearly indicated on the bottom left hand side of the front of the envelope. The Bidder’s name shall also appear on the envelope. Failure to properly label the bid envelope may necessitate the premature opening of the bid in order to identify the bid number.

IV. SPECIFICATIONS AND REQUIREMENTS

This section details the minimum requirements and specifications for products or services sought by the County. It also provides information on the County’s use and intent in providing the specifications, as well as instructions for potential Bidders that may not feel the specifications are fair, achievable or are otherwise unacceptable.

A. INFORMATION

1. Restrictive Specifications

Specifications stated in this request are not intended to exclude any Bidder. If any Bidder is of the opinion that the specifications as written preclude them from submitting a proposal on this bid, it is requested that their opinion be made known to the Chief Procurement Officer, in writing, at least seven (7) days prior to the bid opening date.

2. Use of Brand Names and Numbers

Brand names and numbers are for reference only; equivalents will be considered.

Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. "No substitute" specifications may be authorized ONLY if required to match existing equipment.

3. Equivalent Items Bid

If the Bidder offers an item other than the one specified, which the Bidder considers comparable, the manufacturer’s name and model number of that item must be specified in the bid and sufficient performance specifications and descriptive data provided to permit a thorough evaluation. Failure to provide the appropriate information may result in disqualification of the bid.

4. Special Conditions

Attention is particularly called to those parts of the Contract Documents and Specifications which deal with the following:

a. Specifications & requirements;

b. Inspections & testing;

c. Insurance requirements; and

d. Wage rates.

5. Response to Requirements

Each mandatory requirement in Sections IV.C.1 through IV.C.5, 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 bidder’s bid.

B. DESIGN SPECIFICATIONS

See Appendix B for scope of work and detailed specifications.

C. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form

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

2. Bid Form

Bidder must complete and submit the “Bid Form”, found at Appendix C, with their bid. The form must be signed and dated by an individual authorized to contractually bind the firm.

3. Campaign Contribution Disclosure Form

Offeror must complete and sign the Appendix E, Campaign Contribution Disclosure Form – whether any 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 BOCC Chair Manuel Anaya; BOCC Vice-Chair Antonio Ray Martinez; Commissioners Glen Duggins, Craig Secatero, and Joe Gonzales; Assessor Julie Griego; Clerk Betty Saavedra; Probate Judge Darryl Cases; Sheriff William Armijo and Treasurer Rose Mary Rosas.

4. Resident Veterans Preference Certification Form

Bidder must complete and submit the “Resident Veterans Preference Certification Form” (Appendix F) with their bid. The form must be signed and dated by an individual authorized to contractually bind the firm.

5. Price Agreement Contract

Bidder must complete and sign the Appendix H, Price Agreement Contract for use in contract award and to be considered with pricing provided in the Bid Form (Appendix C).

D. OTHER REQUIREMENTS

Bidder shall be required to submit any and all proposed/alternative bid terms and conditions with their bid submittal.

V. BID OPENING, PROCESSING AND AWARD

This section describes how bids received are handled and assessed. It also describes how the award process works as well as the role of the Contract provided in Appendix I and the role of Purchase Orders that may follow Contract award.

A. BID RECEIPT

Bids shall be accepted unconditionally per NMSA 1978, Section 13-1-105 (2005). Only those bids received before the deadline for the receipt of bids will be considered. Bids received after the deadline (“late bids”) will be retained in the procurement file, unopened, and shall not be considered for award.

B. BID OPENING

Bids will be opened and read in public in accordance with Section 13-1-107 of the New Mexico Procurement Code. See Section II.B.7, above, for specific information.

C. EVALUATION PROCESS

1. Compliance Review

After the required public opening and reading, all timely received bids will be reviewed for compliance with the requirements and specifications stated within the ITB. Bids deemed non-responsive to any mandatory requirement or specification may be disqualified.

2. Clarifications

The Chief Procurement Officer may contact the Bidder for clarification of the response as specified in Section II.B.8.

3. Other Information Sources

The County may use other sources of information to confirm the validity of bids submitted and the ability of the Bidder to perform as specified in Section II.C.15.

4. Bid Tabulation

The bid price(s) on the Bid Form from timely received and responsive bids will be tabulated (price compared) to identify the lowest price(s) bid. Each tier will be evaluated separately. If applicable, the price(s) bid will be adjusted (for comparison and award purposes only) for those Bidders that have submitted a valid Preference Certificate with their bid.

5. Discrepancies in Price(s)

In case of an error in the Lump Sum Base Price, the written price shall govern.

6. Determination of Lowest Responsive Bid

After completion of the bid tabulation, the County will examine the results to determine which Bidder offers the lowest responsive bid to the County in accordance with the specifications and terms and conditions set forth in the Invitation for Bids.

7. Public Notification of Bid Tabulations and Contract Awards

Bid tabulations and awarded Contracts will be posted to New Mexico Bid Net within approximately two (2) weeks after the bid opening date. To access go to www.NewMexicoBidSystem.com.

D. AWARD AND ORDER PROCESS

1. Contract Award

a. Contracts awarded as a result of this solicitation shall be awarded to the responsible Bidder whose Base Bid and any accepted bid option represents the best value and is in the County’s best interest.

b. Upon selection for possible Contract award, the County will add the Contractor’s name and signatory information to the signed Contract (Appendix H) submitted by the Bidder and it will be submitted to the Board of County Commissioners with a recommendation for award. * Once approved and signed by the Board of County Commissioners the Contract is officially awarded.

*Bidders may place their company name and signatory information in the highlighted areas of the signed Contract they submit, if desired.

2. Order(s) A successful Bidder SHOULD NOT begin to deliver products or begin performance based solely on Contract award as detailed above. A successful Bidder may only deliver products or begin performance AFTER the receipt of an approved Purchase Order issued by the Socorro http://www.newmexicobidsystem.com/

County Purchasing Department. Failure to comply is AT THE CONTRACTOR’S RISK and the County shall not be liable to pay for any products delivered or services performed prior to the issuance of an approved Purchase Order.

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

Inmate Pharmaceuticals

ITB# 2021-01-415

An Acknowledgement of Receipt Form should be signed and submitted to the Procurement Officer (see contact information below). In acknowledgment of receipt of this Invitation for Bid, the undersigned agrees that he/she has received a complete copy, beginning with the title page and table of contents, and ending with Appendix H. Only Bidders who elect to return this completed form with the intention of submitting a bid, will receive copies of County's written responses as well as ITB Addenda, if any are issued.

BIDDER:_______________________________________________________________

REPRESENTED BY:_____________________________________________________

TITLE: ________________________________________________________________

PHONE NO:_________________________ FAX NO:__________________________

E-MAIL:_______________________________________________________________

ADDRESS:_____________________________________________________________

CITY, STATE, ZIP CODE:________________________________________________

SIGNATURE:_____________________________ DATE:_______________________

The above name and address will be used for all correspondence related to the ITB.

Bidder does / does not (CIRCLE ONE) intend to respond to this ITB.

Please return to:

Sammie Vega-Finch Procurement Officer

210 Park Street P.O. Box I

Socorro, NM 87801 Phone: (575) 835-0589

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

APPENDIX B

SPECIFICATIONS

This section details the minimum requirements and specifications for products or services sought by the County.

Socorro County is seeking bids from licensed pharmacies for providing prescription and over the counter medications for use within the Socorro County Detention Center. The awarded bidder shall provide medications as ordered by the Socorro County Detention Center. The average monthly population of the Socorro County Jail is 76 inmates.

Contractor shall assign a qualified account representative to the Socorro County Detention Center account to assist in ordering, handling service problems and providing timely information.

Delivery Conditions: The Contractor shall be required to maintain, or have available, an inventory sufficient to provide requested items on a daily basis. Socorro County Detention Center will utilize a local pharmacy, if needed, to fill emergency orders. This determination shall be made by the Socorro County Detention Center Personnel based on the Drug Formulary presently used at the Socorro County Detention Center (see Appendix C).

The Contractor shall provide adequate packing lists and other documentation at the time of delivery as required by applicable laws and regulations. All items shall be bid F.O.B.

destination. The term F.O.B. Destination shall mean: delivered to the Socorro County Detention Center, 1001 Grefco, Socorro, NM 87801, with all charges for transportation and unloading and inside delivery paid by the Contractor. Under no circumstances will the County be liable for additional delivery charges. The successful Contractor’s delivery plan under the terms and conditions of this contract must be found to meet the needs of and be satisfactory to the County.

Packaging: All pharmaceuticals must be packaged to accommodate rapid distribution to a large volume of inmates. All medication must be delivered in “unit dose packaging”, (each individually medication to be packaged separately). Each individual medication must be packaged, labeled and barcoded separately. At a minimum, each unit dose label must include: name of drug, dosage, expiration date, NDC, manufacturer, lot number and barcode. Creams and liquids must be provided in plastic containers whenever possible.

Formulary: The formulary is a compilation of drugs deemed safe and effective for treating the common health problems routinely encountered in the inmate patient population. Formulary drugs are selected based upon demonstrated efficacy, safety over the long term and cost effectiveness. There will be some flexibility throughout the contract period to add or delete products as necessary.

Generic Substitution: Generic substitutions are required unless the use of a generic substitute is not clinically prudent. In the event that a brand name drug is requested by a prescriber, the pharmacy is authorized to dispense such medication using a generic formulation unless the generic is not therapeutically equivalent to the brand name product or it is specifically noted as “NO SUBSTITUTION”. The formulary shall specify those drugs with narrow therapeutic indications where substitution is not permitted.

Licensure: The awarded pharmacy shall be a business in good standing and licensed to practice pharmacy under the laws of the State of New Mexico. The awarded pharmacy must employ Registered Pharmacists at all times.

Pricing: This Contract shall be based upon the more favorable of: The Average Whole Price (AWP) of the pharmaceuticals plus or minus a percentage of the AWP as bid. The Successful Contractor shall submit AWP documentation upon request and AWP pricing shall be available on request for auditing purposes. Bid prices shall include all shipping, handling, packaging and all other charges incidental to the delivery of the Pharmaceuticals.

Returned Goods Policy: All damaged goods received by Socorro County are to be credited 100% plus dispensing fee upon their return. Manufacturer recalls are to be credited 100% plus dispensing fee upon their return. Goods ordered in error are to be credited at 100% of the cost the County paid upon their return. Contractor is to provide pharmaceuticals that can be reasonably used prior to their expiration date. Products delivered which are expired or are within one year of expiration will be returned for 100% credit. The Contractor, at the Contractor’s sole risk and expense, shall be responsible for the pick-up of all returned goods and the shipment of said goods back to the manufacturer, or their proper disposal, as appropriate. The Contractor will provide a written procedure for returns and provide any necessary forms, which would be used to document credits.

Unavailable Pharmaceuticals: If, for any reason, a product is not available through normal ordering procedures, the Contractor must notify the County…