2021-04-600 Solid Waste Services.pdf

SOCORRO COUNTY

REQUEST FOR PROPOSAL

NO. 2021-04-600

Solid Waste Services for the

Unincorporated Areas of Socorro County

May 2021 i

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS (RFP)

B. SCOPE OF WORK/PROCUREMENT

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

D. DEFINITION OF TERMINOLOGY

E. RESIDENT/VETERAN BUSINESS PREFERENCE

F. PROCUREMENT LIBRARY

G. SOCORRO COUNTY LOCAL OPTION PROCUREMENT PREFERENCE ORDINANCE:

2013-003

II. CONDITIONS GOVERNING THIS PROCUREMENT

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 ii

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. Response to Requirement iii

B. MANDATORY PROPOSAL REQUIREMENTS

1. Letter of Transmittal Form

2. Capability and Agreement to Perform

3. Oral Presentation

4. Campaign Disclosure Form

5. Administrative Franchise Fee

6. Pricing

7. Proposal Bond

8. Performance Bond and Liability Insurance

9. Cost

10. Experience

11. Project Plan

12. Resident Veterans Preference Revenue Certificate

13. Property Tax Obligations (Pass/Fail)

14. Capacity & Capability:

V. EVALUATION

A. EVALUATION POINT SUMMARY

C. EVALUATION FACTORS; DESIRED PERFORMANCE REQUIREMENTS:

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

SOCORRO COUNTY SOLID WASTE SERVICES CONTRACT

APPENDIX C

COST RESPONSE FORM

APPENDIX D

LETTER OF TRANSMITTAL FORM

APPENDIX E

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX F

RESIDENT VETERAN PREFERENCE CERTIFICATION

APPENDIX G

SOCORRO COUNTY RESIDENTIAL BUSINESS PREFERENCE

APPENDIX H

SOCORRO COUNTY DISTRICT MAP

iv

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS (RFP)

The County of Socorro, State of New Mexico, on behalf of the Socorro County Board of County Commissioners, seeks sealed proposals from experienced and capable offerors, who can plan, design and fully execute a complete and comprehensive program for the collection, management and disposal of all residential solid waste generated within the unincorporated areas of Socorro County, New Mexico. Such program and all associated activities performed by the Contractor must conform to all current federal, state and local ordinances, laws, statutes and rules.

Proposals received must take into consideration, to the highest practicable degree, all aspects of the entire residential solid waste stream generated within the unincorporated areas of Socorro County, including, but not limited to, the disposal and/or recycling, reuse and/or repurposing of said waste stream. Proposals should also endeavor to take over Socorro County’s commercial roll-off operation

B. SCOPE OF WORK/PROCUREMENT

The scope of work consists of operating the County’s convivence centers, commercial roll off operations and offering regularly scheduled (weekly) non-mandatory non-exclusive waste collection for residences in the unincorporated areas of Socorro County. Residences located directly adjacent to refuse collection truck accessible roads may be individually (curbside) along the refuse collection truck accessible road in the closest feasible place in front of the residence. All households not located on refuse collection truck accessible roads may be served by the Contractor from the nearest practicable refuse collection truck accessible road, or in an adequate manner acceptable to the County.

There are approximately 3,500 homes in unincorporated areas. It will be the responsibility of contractor to offer household collection to all homes and with added value programs for all homes/residents at a competitive price. The Contractor is responsible for all aspects in providing the service.

The Contractor should be responsible for operating, maintaining and improving the County’s San Antonio, Magdalena, Veguita and Polvadera Refuse Collection Centers. Should include: the ability to accommodate the unloading of 3 vehicles simultaneously, 3 waiting vehicles within the site and blowing litter control. The contractor shall be fully responsible for all physical and fiscal aspects of the operation of the facilities and shall retain all revenues generated by their operation. Ownership of all added/upgraded/improved infrastructures shall revert to the County at the end of the contract. The Contractor will be fully responsible for all operations/improvements and related cost for the facilities.

The contractor will hold County harmless and indemnify County for said operations. Convenience Centers averages approximately 875.15 tons of materials per year and approximately 247 tons 426 of material per year from roll off containers transported from Alamo and ANSBI The number of residents using the facility daily fluctuates, and the tipping fees charged for disposal at facility are established through a JPA with the City of Socorro and Waste Management from Valencia County.

The facilities are a registered with the New Mexico Environmental Department; it is the responsibility of the Contractor to operate within the limits of registration or the responsibility of contractor to permit at their own cost.

Access to the above described Collection Center facilities by the public shall be at times deemed most beneficial to by the Contractor and best serve the public, the more points will be allocated for more available hours.

The Contractor should be responsible for operating the County’s commercial rolloff disposal service, including providing service to Alamo.

The Contractor shall be fully responsible for all aspects of billing as well as receiving payments and collections management.

The duration of a contract resulting from this RFP shall be for a period of up to eight (8) years from the date of award.

The Contractor shall be responsible for effectively transitioning from all applicable currently existing solid waste collection scenarios in the affected areas of Socorro County, into its new contractual program as part of its implementation plan, and shall manage all appropriate contingencies throughout the entire contract period. The Contractor shall provide sufficient community outreach and education to residents at the beginning of the contract period, and as needed during the entire contract period.

C. SCOPE OF PROCUREMENT

The duration of the professional services contract resulting from this RFP shall be for eight (8) years from the date of award. This Contract will automatically renew on an annual basis, for up to seven (7) 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 eight (8) 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 the 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.

D. DEFINITION OF TERMINOLOGY

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

"Board of County Commissioners" (also "BOCC") 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 selected Offeror who enters into a binding contract.

"County" or “The 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 either the Board of County Commissioners, or a body or person(s) appointed by the County Board of Commissioners, 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.

"NMAC" means the New Mexico Administrative Code, as administered by the New

Mexico Commission of Public Records, State Records Center and Archives, Administrative Law Division.

"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.

“Refuse Collection Truck Accessible Road” As specified by the exclusive contractor, any County road which is accessible by the refuse collection truck(s) used by the exclusive contractor.

"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, stating that they agree with, and agree to, the stated requirement(s). Acceptable responses should include, but need not be limited to: the name of the company, and a stated agreement to comply with, or a concurrence with a specific fully stated requirement, signed by an authorized officer of the company.

"Waste Facility" means a publicly accessible solid waste or recycling convenience, collection, transfer, transformation, composting, conversion or materials separation, processing or recovery facility.

E. RESIDENT/VETERAN BUSINESS PREFERENCE

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 Offerors that have provided a valid resident business preference certificate with their proposal, as required by 13-1-22 NMSA 1978.

In order for an Offeror to receive preference as a resident business, that Offeror must submit a copy of their preference certificate with their proposal. The preference certificate must have been issued by the New Mexico Taxation and Revenue Department after January 1, 2012. Providing only a preference number is not acceptable and will not qualify the Offeror for any preference.

For more information, reference Sections 13-1-21 and 13-1-22 of the New Mexico Procurement Code. Preference applications are available for download at:

Resident Business:

http://www.tax.newmexico.gov/SiteCollectionDocuments/acd-bp0001.pdf

Resident Veterans Preference

Certain preferences may be available to Resident Veteran Businesses. See appropriate section(s) for more information

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: 2021-37 http://www.socorrocounty.net/departments/manager/policies-of-socorro-county

• Socorro County Procurement Forms 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.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 http://www.bidnetdirect.com/socorro-county http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

G. SOCORRO COUNTY LOCAL OPTION PROCUREMENT

PREFERENCE ORDINANCE: 2013-003

The Socorro County provides for preference for resident businesses and Contractors under certain conditions. If applicable, the preference will be provided to those Offerors that have provided a valid resident business preference certificate with their proposal, as required by Ordinance 2013-003.

In order for an Offeror to receive preference as a resident business, that Offeror must submit a copy of their preference certificate with their proposal. The preference certificate must have been issued by the County of Socorro.

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II. CONDITIONS GOVERNING THIS 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) 05/20/2021

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

Potential Offerors (PO) 06/07/2021

3. Pre-Proposal Conference (optional) PM, PO 06/07/2021 @ 11AM

4. Deadline to Submit Additional Questions

PO 06/11/2021

5. Response to Written Questions/ RFP Amendments

PM 06/14/2021

6. Submission of Proposal Offerors 06/23/2021 @ 2PM

7. Proposal Evaluation Evaluation Committee (EC) 06/24/21 to 06/27/21

8. Notification of Finalists (If desired) EC 06/30/2021

9. Best & Final Offers (If requested) Offerors 07/06/2021

10. Oral Presentations (If requested) Offerors 07/13/2021

11. Contract Negotiations (If needed) Tentative winner/County 07/15/2021

12. Contract Award* Purchasing Agent/BCC* 07/27/2021

13. Protest Deadline Offerors 08/11/2021

*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 on behalf of the County of Socorro. 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. Zoom links will be issued to interested parties whom have submitted the Acknowledgement of Receipt Form.

Potential offerors are encouraged to submit written questions in advance of the conference to the Procurement Manager (See Section I, Paragraph D). The iden-tity 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 optional.

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 2:00 PM 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 “Solid Waste Services” should reference “RFP #2021-04-600” 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 the 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 the 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 #2021-37, Section 27. 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.

Socorro County Purchasing

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 (#2021-37).

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 D). 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 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 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 the 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 the 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 effected 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

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

1. Comprehensive General Liability - $2,000,000 per occurrence, $5,000,000

General Aggregate Errors and Omissions Insurance covering Professional Staff- $2,000,000 per occurrence, $5,000,000 General Aggregate.

"Occurrence" type, if available; if not "Claims Made" type with a minimum of a six (6) year “tail”;

2. Medical malpractice covering professional staff - $1,000,000 limit per occurrence and $3,000,000 in the aggregate annually.

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 the 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 (Appendix G) 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) response to this RFP.

B. NUMBER OF COPIES

Offerors shall deliver seven (7) 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 seven (7) identical copies would be fulfilled by submitting the original and six [6] copies of the original.) The original copy should be clearly marked "ORIGINAL" on the front cover and shall contain original signatures. (An exception to this requirement is made for the "Cost Response Form" and the "Campaign Contribution Disclosure Form". See Section III.C.1, immediately below.)

C. PROPOSAL FORMAT

All proposals must be typewritten on standard 81/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section. Please supply only sufficient documentation to satisfy the requirements of this RFP, and sufficient to document the proposal you are offering.

1. Proposal Organization

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

a. Letter of Transmittal Form (See Appendix D)

b. Valid Resident Preference Certificate (Optional at Offeror's discretion.)

i. Contact State of New Mexico Taxation and Revenue for current Statutes/Application/Certification/Validation information.

c. Resident Veterans Preference Certificate (If applicable.) Contact State of New Mexico Taxation and Revenue for current Statutes/Application/Certification/Validation information.

d. Table of Contents.

e. Cost Response Form* (See Appendix C) in a sealed and labeled envelope.

f. Campaign Contribution Disclosure Form* (See Appendix E) in a sealed and labeled envelope.

g. Proposal Summary (Optional).

h. Response to Specifications.

i. Other Supporting Material (Optional. See Section III.C.2. below).

*Only the single original form needs to be provided, and must be secured in the binder marked "Original" in the required sealed and labeled envelope.

Within each section of their proposal, Offerors should address the items in the order in which they appear in this RFP. Any forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Unless otherwise specified in this RFP, all discussion of proposed costs, rates or expenses must occur only on the Cost Response Form, Appendix C.

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

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 on or after January 1, 2012 must be included with the proposal. See Section I.E, above, for more information.

2. Resident Veterans Preference Certificate

A complete and signed Resident Veterans Preference Certificate must be included with the proposal. See Appendix F for more information.

3. Response to Requirement

Each mandatory requirement in sections IV.B.1 through IV.B.14, 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.

B. MANDATORY PROPOSAL REQUIREMENTS

1. Letter of Transmittal Form

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

2. Capability and Agreement to Perform

Offeror certifies that they are capable and qualified to provide the 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.

3. Oral Presentation

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 the required services to Socorro County.

4. Campaign Disclosure Form Offeror must complete and sign the Appendix E, 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 a 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; Vice Chair: Ray Martinez;

Commissioners: Joe Gonzales; Glen Duggins; Craig Secatero; Assessor: Julie Griego; Clerk: Betty Saavedra; Probate Judge: Darryl Cases; Sheriff: William Armijo; and Treasurer: Rose Mary Rosas)

5. Administrative Franchise Fee Offeror must agree to pay the County an administrative fee on a quarterly basis. The Administrative Franchise Fee is a percentage of all the fees charged to residents, prior to tax calculation. A statement of concurrence is required.

6. Pricing Offeror must agree that the prices proposed will remain fixed for the first year of the contract and that any future adjustments to pricing will be subject to the terms and conditions of paragraph 9 (“Cost”) of this section. A statement of concurrence is required.

7. Proposal Bond Offeror must provide, with their proposal, a Proposal Bond in the amount of 5 percent of the "Total Annual Sum" indicated on the Cost Response Form (Appendix C) submitted with the Offeror's proposal. The Bid Bond shall be valid for the same period as the proposal, plus ninety (90) days after the validity date of the proposal.

The County reserves the right to extend the validity of the Proposal Bond if a contract is not yet in place.

8. Performance Bond and Liability Insurance Offeror must submit, with their proposal, proof of their ability to secure a performance bond in the amount of one million dollars ($1,000,000). Offeror must ALSO agree to provide a performance bond, in the amount of one million dollars ($1,000,000.00), at the time of contract award by the Socorro County Board of County Commissioners, if an award offer is made to them. The Performance Bond shall be valid for the entire period of the contract and for at least 90 days after the expiration date of the contract. A statement of concurrence is required. Offeror must also submit, with their proposal, proof of their ability to secure a liability insurance policy with a minimum coverage of $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and must agree to provide a valid liability insurance policy as described herein, at the time of contract award by Socorro County, if an award offer is made to them. A statement of agreement and concurrence is required.

9. Cost Offeror must complete and submit the Cost Response Form at Appendix C. State gross receipts and local option taxes (if any) shall not be included in the proposed costs. If your offer includes a cost increase provision due to inflationary conditions, it must be limited to the amount of increase shown in a legitimate waste industry standard cost index formula which is readily available for verification and auditing, and is acceptable to the County. Proposer must identify the index to be used in their proposal. Cost increases may only be requested at the end of each full contract year.

Any cost increases must be approved by the County.

10. Experience Experience; must currently provide service for equivalent # of residences to those to be serviced in the Socorro County contract. Offeror should describe, in narrative form, their current and prior experience in providing residential refuse collection, convenience center and recycling services to large numbers of private residences that span a broad geographic area such as is found in Socorro County. Offerors should also detail how long they have been providing such services and how successful they have been.

11. Project Plan Offeror should provide a detailed project plan that describes how they will prepare for and carry out the requirements of the contract. The project plan should include a schedule of events, dependencies and assumptions. It should also describe what is needed/expected from the County and when those things are needed to make the effort successful.

12. Resident Veterans Preference Revenue Certificate (see Appendix F if applicable)

13. 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. Bids/Proposals that fail to comply with the certification requirements will be considered non-responsive and excluded from further consideration.

14. Capacity & Capability:

The proposals should respond to the following program specifications, indicate concurrence, and provide an explanation of how each specification will be implemented/accomplished.

i. Provide county-wide residential refuse collection and disposal services in the unincorporated areas of…