24-17 EDS Evaluations.pdf

DEMING PUBLIC SCHOOLS

1001 SOUTH DIAMOND

DEMING, NM 88030

Teri Knipps , Interim Superintendent

REQUEST FOR PROPOSALS

Educational Diagnostic Services (Evaluations)

RFP 24-17

OPENING DATE: 04/11/2025

Commodity Codes: 92474, 924

I. INTRODUCTION

The Deming Public Schools District intends to acquire Diagnostic Evaluations for up to 4 years (for the 2025-2026; 2026-2027; 2027-2028; 2028-2029 fiscal school years) and to provide such services to students with disabilities served in the district’s programs for student receiving Special Education and students referred for evaluation to determine their eligibility for such services. Initial term is 1 year with the option to renew annually for up to 3 additional one-year terms. Both the district and the vendor will have the option to continue or discontinue the contract at the conclusion of each school year.

The need for these services is from July 1st to June 30th of each year. The provider needs to be flexible, reliable, and have accurate communication with the Special Education Department.

II. SCOPE OF WORK

The objective of these services is to provide Educational Diagnostic Services that include:

150* English initial evaluations and re-evaluations per year 150* Bilingual (English and Spanish) initial evaluations and re-evaluations per year

*Numbers are based on projections and are approximations. Evaluations are scheduled through the Office of Special Education. Subsequent evaluations are scheduled only if vender reports are current. Approved reports must be on file in the Special Education Office for vendor to be eligible for payment. Reports must be submitted with a signed hard copy and an electronic copy.

Vendor should indicate the number of evaluations for which they propose to contract.

Payment will only be made for services rendered.

All personnel will be expected to adhere to Deming District Policies and Procedures. District will supply a copy of the “Policy and Procedures” upon request. Casual professional attire and professional demeanor is expected.

Smoking is not permitted on school property and is discouraged due to possible allergies of test subjects. Failure to comply with these policies and procedures could result in termination of this agreement.

III. 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 04/11/2025

2 Deadline to Submit Written Questions Potential Offerors 04/23/2025 at 3:00pm

3 Response to Questions/RFP Amendments District 04/25/2025

4 Proposal Submission Offeror 05/2/2025 at 3:00pm

5 Proposal Evaluation Committee 05/07/2025

6 District Recommendation to Board Board Of Education 05/15/2025

7 Submission of Award District 05/16/2025

The Committee reserves the right to adjust the schedule for items #6 through #8 if the committee deems it necessary to provide adequate time for the evaluation of proposals.

IV. GENERAL REQUIREMENTS

A. Number of Copies

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 should be formatted in the following manner including the following sections (Format and ease of reading proposal will be considered):

1) Specifications (25 Points)

In this section vendors should describe how their proposal meets these requirements as well as include additional information they deem useful for the evaluation team.

a. General Requirements

i. Availability July 1 of each year through June 30 of the following year.

ii. Comply with background investigation policy, including paying background check expenses.

iii. Completed reports will be submitted prior to billing.

iv. Number of English Evaluations and/or Bilingual Evaluations

b. Education Diagnostic Services

i. Evaluations provided at school sites selected by the district. b. Evaluations provided are to be in compliance with New Mexico, IDEA and district standards for determining eligibility for Special Education services and district expectations.

ii. Administration of standardized assessment tools.

d. Bilingual evaluations must include full assessments in both English and Spanish.

iii. Vendor will supply testing materials as needed.

iv. Formal, typed reports written for use by IEP teams to determine eligibility for Special Education services and educational needs.

Reports shall be delivered within ten (10) calendar days after completion of the evaluation. Additional testing assignments will not be made if the vendor has reports still pending after ten (10) calendar days. Payment will not be approved until reports are received that meet specifications and contain accurate information. There will be a $5.00 per day penalty assessed for late reports beginning with the 15th calendar day after the testing was completed. g. Participation at IEP meetings as necessary. h. Consultation with the Eligibility Determination team as required and consultation with instructional staff as requested.

2) Personnel Requirements (20 Points)

i. Vendor must identify by name personnel that will be assigned to provide services and include the names in the proposal.

ii. Copy of licenses for each evaluator must be attached.

iii. Evaluators must be currently licensed by New Mexico

Public Education Department, Educator Preparation and Licensure Unit.

iv. The ability to converse and write fluently in English and Spanish is required for Bilingual (English and Spanish) initial evaluations and re-evaluations.

v. Any changes in personnel during the school year must submit licensure before their first day of work.

4) References (20 Points)

i. a. This section should include references for proposed evaluators. New Mexico school districts are preferred.

5) Price (30 Points)

i. The district prefers that the Vendor(s) invoice for total cost per evaluation, which includes any additional fees: such as, mileage. Indirect and direct cost should be included in the total hourly rate.

Evaluation includes Classroom observations, teacher/student/parent interviews, reviewing educational data, individual administration of test items, scoring, interpreting and compiling data. Final Report writing.

ii. If vendor intends to add gross receipts tax, it must be indicated on the proposal, but not included in the hourly rate.

iii. If multiple hourly rates are listed, the highest price will be considered for the proposal.

iv. If the hourly rate cannot be determined due to changing variables, additions or vague language, the proposal will not be considered.

v. Flat rate charges, or additional charges per student will not be considered.

6.) Resident/Veteran Business (5 Points)

V. Forms

a. Campaign Contribution Disclosure Form Respondents are required to complete and return within its proposal a CAMPAIGN CONTRIBUTION FORM enclosed within this RFP.

b. 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). This section is void if using Federal Funds to pay for services.

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:

Joe Adcock 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.

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 3, 2024. 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.

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

Joe Adcock Chief Procurement Officer Phone No: (575) 546-8841 Fax No: (575) 546-8517

E-mail: procurement@demingps.org

B. 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.

0. 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.

1. 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.

2. 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.

3. 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). This section is void if using Federal Funds to pay for services.

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)