23-10 Legal Services.pdf

REQUEST FOR PROPOSALS

Legal Services

RFP 23-10

OPENING DATE: May 26, 2023, 3:00 PM MST

Commodity Codes: 91874 & 96149

Deming Public Schools District

1001 South Diamond Ave.

Deming, NM 88030

I. INTRODUCTION

The Deming Public School District is requesting proposal from law firms interested in representing in litigation and for legal counsel in various areas.

The initial term of this proposal will be for the school year 2023-24 and may be extended in 1-year increments for up to an additional three school years. Both the District and the vendor will have the option to not extend the contract with written notice provided by April 1st of each school year. Award may be made to multiple vendors or as a single award to one vendor, at the discretion of the

Schools.

A. SCOPE OF WORK

The Deming Public School District is considering obtaining outside, private legal counsel on an as needed basis for consultation for its day to day operations regarding legal issues. The successful applicant will also represent the Deming Public School District in litigation which will include, but not be limited to conduction extensive discovery, handling motions, and negotiations with opposing counsel. Typical services shall include, but not be limited to:

• Providing legal advice or opinions for the Deming Public School District.

• Provide advice, consultation, and representation on student matters including; discipline, attendance, adherence to rules and regulations, hearings and related proceedings. Including but not limited to Special

Education students.

• Representation of the District at all stages of mediation including administrative law, commissioner, State Board, and court proceedings until due process filed by the parent/guardian. After which time, be available to consult with insurance appointed legal counsel.

• Prepare and examine contracts and other legal documents draft, prepare or review Board Policies

• Prepare policy recommendations, rules and regulations relating to District operations.

• Insurance matters including worker's compensation.

• Personnel and labor dispute issues.

• Represent the District in all arbitrations, administrative proceedings, court proceedings, etc. involving labor relations or personnel administration.

• Represent the Board of Education in matters related to personnel and labor dispute issues.

• Purchase and sale of property

• State and Federal Procurement Codes.

• Provide staff training as may be identified.

• Fulfill other legal duties as are commonly accepted and assigned.

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

The District will make every effort to adhere to the following schedule:

# Action Responsibility Date

1 Issuance of RFP District 4/26/2023

Deadline to Submit Written Questions Potential Offerors 5/12/2023

3 Response to Questions/RFP Amendments

District

3:00 PM

5/15/2023

Proposal Submission

Offeror

3:00 PM

5/26/2023

Proposal Evaluation

Committee

5/29 -6/5/2023

Selection & Notification of Finalist(s)

Committee

6/6/2023

Oral Presentation (if required)

Offeror TBD

8 District Recommendation to Board Board of Education

6/15/2023

9 Submission of Award District 6/19/2023

The Committee reserves the right to adjust the schedule for items #6 through #9 if the committee deems it necessary to provide adequate time for the evaluation of proposals.

III. GENERAL REQUIREMENTS

A. Number of Copies

Offerors may submit one (1) written proposal and one (1) electronic proposal on a USB drive when submission is physical. If filing electronically through Bidnet Direct, https://www.bidnetdirect.com/new-mexico/demingpublicschools, only the electronic proposal with price submitted separately will be required.

B. Proposal Format

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

1. Letter of Transmittal

2. Table of Contents

3. Proposal Summary Identifying Evaluation Factors in the order they are presented

Response to Detailed Specifications, Business Specifications and Mandatory

Specifications.

4. Completed Cost Breakdown: Must include cost per hour for each person working with the firm who will be working on behalf of the Deming Public Schools. This will include but not be limited to lead counsel, staff attorney's, paralegal staff and clerical staff. Offeror shall disclose any other anticipated cost associated with this

Agreement.

5. Offeror's Additional Terms and Conditions

6. Other Supporting Material

7. All required forms: Signed Campaign Contribution Form, W9 and completed Vendor

Information Form.

Letter of Transmittal

Each proposal must be accompanied by a letter of transmittal.

The letter of transmittal MUST:

1) Identify the submitting firm

2) Identify the name and title of the person authorized by the firm to contractually obligate the firm

3) Identify the name, title and telephone number of the person authorized to negotiate the contract on behalf of the firm

4) Identify the names, titles and telephone number of persons to be contacted for clarification

5) State their federal tax identification number

6) Be signed by the person authorized to contractually obligate the firm

7) Acknowledge receipt of any and all amendments or addenda to this RFP

8) Acceptance of conditions governing this procurement.

https://www.bidnetdirect.com/new-mexico/demingpublicschools

IV. SPECIFICATIONS

This section contains relevant information concerning the tasks to be performed by the contractor.

Offerors should respond in the form of a narrative to each specification. The narrative along with the required supporting material will be evaluated and awarded points accordingly.

CAPABILITY OF FIRM – (30 Points)

Describe the work, if any, performed for New Mexico School Districts over the last three years along with a statement of personal or organizational independence from any relationship or situation that might be viewed as potential or actual conflict of interest with the school district. A listing of at least three client references for other

New Mexico School Districts that will attest to the respondent’s level of performance inclusive of the proposed legal team members.

SIZE & PROXIMITY OF THE FIRM – (30 Points)

Provide a statement of the total size of the Firm along with the locations that will be used to represent Deming Public Schools. Preferences will be given to firms with multiple attorneys and with proximity to and familiarity with Deming Public

Schools.

TECHNICAL EXPERIENCE – (30 Points)

A list of the attorneys that the law firm or attorney intends to assign to the performance of the contract. For each such attorney, provide the following information:

a. Name;

b. Area of law;

c. Date licensed in New Mexico

d. A summary of the attorney's educational background, special training, and awards

e. A summary of the attorney's general litigation experience;

f. A summary of the attorney's School Districts defense experience in that area.

FEE PROPOSAL - (10 Points)

In a separate sealed envelope, properly identified on the outside as RFP 23-10 Fee

Proposal. Prices quoted must be inclusive of all costs, including, but not limited to, clerical assistance, photocopies, travel, etc. but shall exclude applicable taxes.

Applicable taxes shall be shown as a separate item. The contracting agency shall be required to pay applicable tax including any increase effective after date of contract.

Highest hourly rate will be used for scoring.

V. SCORING/EVALUATIONS

A. Evaluation Point Summary

The following is a summary of evaluation factors and the point value assigned to each.

These weighted factors will be used in the evaluation of the individual offeror proposals.

FACTOR

1. Capability of Firm

POINTS AVAILABLE

2. Size and Proximity of Firm 30

3. Technical Experience 30

4. Fee 10

B. Timeframe

1. Issue of RFP. This RFP is being issued by Deming Public Schools, Finance Department on April 26, 2023.

2. Deadline to Submit Additional Written Questions. Potential offerors may submit additional written questions as to the intent or clarity of this RFP until close of business on May 12, 2023, written questions must be addressed to the Procurement Officer, Procurement@demingps.org.

3. Response to Written Questions/Proposal Aments. Written responses to written questions and any Proposal amendments will be distributed on May 15, 2023.

4. Submission of Proposals. ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR

REVIEW AND EVALUATION BY THE PROCUREMENT OFFICER OR DESIGNEE

NO LATER THAN 3:00 PM ON May 26, 2023. Proposals received after this deadline will not be accepted. The date and time will be recorded on each proposal. Proposals can be addressed and delivered to the Procurement Officer at the address listed. Proposals must be labeled on the outside of the package to clearly indicate that they are in response to RFP 23-10 Legal Services. Proposals can also be submitted electronically at Bidnet

Direct at, https://www.bidnetdirect.com/new-mexico/demingpublicschools. Proposals submitted by facsimile will not be accepted.

A public log will be kept of the names of all offeror organizations that submitted proposals.

Pursuant to Section 13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors during the evaluation and negotiation process.

C. Proposal Evaluation

The evaluation of proposals, selection of finalist, final offers, presentations and negotiation will be performed by a selected committee. This process will take place from May 29, 2023 through June 9, 2023. During this time, the Procurement Officer or the Committee chairman may at their 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.

D. Shortlist Announcement

If the committee in its evaluation deems it necessary to require oral presentations from the offerors, the Procurement Officer will determine a date at that time.

E. Oral Presentations

Oral presentations will be scheduled by the Procurement Officer if necessary.

https://www.bidnetdirect.com/new-mexico/demingpublicschools

F. Submission of Recommendation of Award(s) to Procurement Officer

The committee will submit all recommendations for the award to the Procurement Officer by close of business on June 12, 2023.

G. Contract Award

The committee will prepare a recommendation for award. The Governing Body of the Deming

Public Schools will consider the recommendation at a public meeting scheduled to be held on

June 15, 2023 at the Deming Public School Administration Building, 400 Cody Rd, Deming, NM 88030. This date is subject to change at the discretion of the Finance Director of the

Deming Public Schools.

The contract award shall be made to the offeror or offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal(s) may or may not have received the most points.

H. Protest Deadline

Any protest by an offeror must be in conformance with protest procedures set out in the

District Procurement Procedures. The fifteen (15) day protest period shall begin on the day following the contract award. 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 District Procurement Officer. The protest must be addressed and delivered as follows:

Amanda Stockman C.P.O.

Deming Public Schools

1001 S Diamond Ave

Deming, NM 88030 procurement@demingps.org

Protests received after the deadline will not be accepted.

mailto:procurement@demingps.org

VI. CONTACTS

A. All questions regarding this proposal shall be submitted in writing, through fax transmittal or by e-mail, by 5:00 PM, May 10, 2023. All inquiries shall be directed to the

Procurement Officer stated herein. Oral explanations or instructions given prior to the award of a contract shall not be binding.

B. Questions and/or suggestions concerning this proposal shall be directed to:

Amanda Stockman

Chief Procurement Officer

Phone No: (575) 546-8841

Fax No: (575) 546-8517

E-mail: procurement@demingps.org

C. Offerors shall not contact any other District official, evaluation committee member, or school district employee regarding this proposal or Offerors may be disqualified. The only approved contact shall be with the above referenced purchasing staff.

VII. GENERAL CONDITIONS

1. Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the

Evaluation Factors contained of this RFP.

2. Incurring Cost

Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in 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 Agency. The Agency will make contract payments to only the prime contractor.

4. Subcontractors

Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance whether or not subcontractors are used.

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. The Deming

Public Schools 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 Officer.

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 receipt of a best and final offer if one is submitted.

8. Disclosure of Proposal Contents

The proposals will be kept confidential until a contract is awarded or rejected by the

Governing Body of the Deming Public Schools at a public meeting. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material which is proprietary or confidential. The Procurement Officer 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 non-confidential portion 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-1 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 District 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 continuing prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates the Deming Public Schools or any of its agencies to the eventual rental, lease, purchase, etc., of any equipment, software, or services offered until a valid written contract is fully executed and approved by the Deming Public Schools, and other appropriate 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 Agency determines such action to be in the best interest of the

Deming Public Schools.

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. The District's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review

The District requires 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 Officer.

13. Basis for Proposal

Only information supplied by the District Purchasing Agent in writing should be used as the basis for the preparation of offeror proposals.

14. Offeror's Terms and Conditions

Offerors must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with the Deming

Public Schools.

15. Contract Deviations

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

16. 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

Procurement Officer 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 13-185 NMSA

1978.

17. 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 and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

18. Change in Contractor Representatives

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

19. Notice

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

20. Agency Rights

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

21. Right to Publish

Throughout the duration of this procurement process and contract term, potential offerors and contractors must secure from the District's 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.

22. Ownership of Documents

All materials, work papers, meeting notes, design documents, or other documents produced by the contractor shall be the property of the Deming Public Schools. The original and one copy of all such documents shall be indexed and placed in appropriately labeled binders and delivered to the District Executive Administrative Assistant at the conclusion or termination of the contract.

23. Ownership of Proposals

All documents submitted in response to this Request for Proposals shall become the property of the Deming Public Schools.

24. Preference

An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New

Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the

State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native

American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the Schools to consider your bid at five to ten percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004).

REQUIRED FORMS

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR

FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO

DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

ATTACHMENT (B) pg. 2

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the

Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: __________________________________________

Amount(s) of Contribution(s) __________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) __________________________________________

(Attach extra pages if necessary)

Signature Date

Title (position)

ATTACHMENT (B) pg. 3

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS

($250) WERE MADE to an applicable public official by me, a family member or representative.

Signature Date

Title (position)

DEMING PUBLIC SCHOOLS

“Learning Today for Living Tomorrow”

Vendor Information Form

Information on this form and your W-9 is used to create your Vendor file.

Please provide the following information for ordering:

Vendor Name: ____________________________________________________________________________

Address: _________________________________________________________________________________

City: ____________________________________________________State:_______ ZIP Code: ____________

Vendor Contact Person’s Name: ______________________________________________________________

Phone: __________________________________ Fax: ________________________________________

Email for POs: _____________________________________________________________________________

Please provide the following information for remitting payments:

Name: ___________________________________________________________________________________

Address: __________________________________________________________________________________

City: _____________________________________________________State:_______ZIP Code:____________

AR Contact Person’s Name: ___________________________________________________________________

AR Phone: _________________________________

Please provide your banking information for payments to be submitted by ACH:

Name of Bank: _________________________________________ Routing #: __________________________

Account #: ________________________________________Type of Account: Checking ______Savings______

Remittance Email: ___________________________________________________________________________ (Required for remittance stubs)