40-35000-24-08760_40-35000-24-08760 NMBHI Forensic Amendment 04.docx.DOCX

Request for Proposal # 40-35000-24-08760 Amendment Four

AMENDMENT #04

STATE PURCHASING DIVISION

OF THE

GENERAL SERVICES DEPARTMENT

AND

FACILITIES MANAGEMENT DIVISION (FMD)

REQUEST FOR PROPOSALS (RFP)

NMBHI Forensic Facility Las Vegas, New Mexico

RFP# 40-35000-24-08760

Amendment 04 Issue Date:

July 19, 2024

Proposal Due Date:

July 31, 2024 3:00 p.m. Mountain Time

Amendment No. Four (04) serves to modify the following sections on the specified pages of the RFP. It also modifies the contract documents as shown in the attached Addendum #04.

1) Questions and Answers 7/17/2024

Q. 1. Is the award going to be based on the base bid price or the sum of the base bid plus alternate one?

A. 1. The Cost awarded points are based on the sum of the base bid plus all of the Alternates per the ‘Section V.B.10 C.6 Cost a) Cost Proposal Form’ wording “This formula to calculate the points will be used on the base bid lump sum and the Alternates.”

Q. 2. Should Alternate Allowance cost line item include warranty, overhead and profit, managing subcontractor contracts, and general liability?

A 2. Yes. The allowance number itself does not include those items.

Q. 3. Confirming that the subcontractors ONLY must submit attachments F, G, H 1&2, and Optional M

A.3. The subcontractors must submit ONLY attachments F, G, H 1&2, and Optional M per the last page of APPENDIX G.

Q.4. Do all subcontractors need to submit Appendix C – Anti Trust Claims?

A.4. No, subcontractors are not required to submit Appendix C at this time.

Q.5. Please confirm what the subcontractor qualification threshold should be and provide form 00 4334

A.5. The modification of ‘To/From’ in Amendment #2 is correct. The answer was “B. $390,000 which represents one/half of one percent of the total project (to be estimated by the architect and/or engineer of record).” The first page of revised form APPENDIX D-2 is attached with the change highlighted. The second page remains the same. Form 004334 is Appendix D-2.

Q.6. Regarding contract section:

“9.2.3 Amount of Documentation and Close-Out Line Item: To protect the Owner from the significant liability and arduous accounting efforts required by lingering documentation and close-out work, the Schedule of Values shall provide a separate line item titled “Documentation and Close-Out.” Said line item shall provide a value consistent with and appropriate to required documentation provisions throughout the Contract, including those required by Paragraph 9.10. The value of the Documentation and Close-Out line item shall be the greater of Five Thousand Dollars ($5,000,00) or Five Percent (5%) of the total Contract Sum.”

Please note, this line item at 5% of Base Bid $78Million would be $3.9Million, on the published MACC of $122M this would be $6.1Million.

While the current language implies that payment for this line item is not divisible, meaning that a general contractor (and therefore the subcontractors through them) can only apply for payment of the “closeout” when all items specified as constituting the work allocated to “closeout” have been completed.

Please confirm that the intent and that the 5% allocation for Closeout will be billable through accepted determination of percentage complete as in all other line items. This allows a meaningful relationship of money help to the economic value of those items designed as “closeout” and would allow for early subcontractors to receive payment in a reasonable amount of time. To not have the value of this line item aligned with that of work performed are unfair and costly.

A.6. The intent is as the contract states, “To protect the Owner from the significant liability and arduous accounting efforts required by lingering documentation and close-out work”.

The 5% allocation is a reasonable value based on previous FMD project history.

Regarding partial payments of the closeout line item, the contract states in 9.11.7 Payment of Closeout Balance “No partial payment of the Close-Out balance will be considered……. Any variation or deviation from this Paragraphs 9.8, 9.9, 9.10 and 9.11 shall be made through an appropriate Change Order in accordance with Article 7.” This is FMD policy as stated in the contract. However, in the past, there have been deviations issued via a Change Order under certain circumstances.

Amendment #4 is on the GSD/SPD website at:

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

Offerors must acknowledge receipt of this Amendment on the Appendix D-1 Cost Proposal Form.

Please use the following link to access Addendum #4:

https://studiosw.sharefile.com/d-sf7c19cb75c254b038bd93d94cac78961

2) Attached Appendix D-2 REVISED from Amendment #02 on page 4 & 5 based on the request from Question #5.

APPENDIX D-2 REVISED

SUBCONTRACTOR LISTING FORM

SUBCONTRACTOR & DEPARTMENT OF WORKFORCE SOLUTIONS INDUSTRIAL & LABOR DIVISION LISTING REQUIREMENTS This form was developed in conjunction with the New Mexico Branch Association of General Contractors, to help clarify requirements under the “Sub-Contractors Fair Practices Act” of 1988, Sections 13-4-31 to 13-4-42 NMSA 1978, and subsequent changes thereto. Architects, State Agencies and Local Public Bodies are encouraged to use it when soliciting Public Works Projects, as that term is defined in the procurement code, Sections 13-1-66.1 and 13-1-91 NMSA 1978.

Date:

RFP No: 40-35000-24-08760 Project Name: Contractor:

Authorized Signature:

In accordance with the “Subcontractor Fair Practices Act”, the following listing is required to be submitted with this bid:

Name of each subcontractor who will be performing work or rendering service on the public works project and whose total contract will be the greater of:

A. $5,000.00; or B. $390,000.00 which represents one/half of one percent of the total project (to be estimated by the architect and/or engineer of record).

0. Location of place of business (city or county).

0. Type of work and/or service to be performed by the subcontractor.

0. Public Works Registration No. is required for these listed subcontractors.

NOTE: YOUR BID MAY BE DEEMED NON-RESPONSIVE IF ALL (4) ITEMS ABOVE ARE NOT ADDRESSED Note: The Statute Does Not Require the Following Listings:

1. 2nd tier subcontractors.

1. Material, suppliers.

1. Subcontractors whose contract is less than the greater of A or B above.

Be advised, the Architect Engineer may require additional information.

By signing this document, the contractor and/or subcontractor agrees that any and all claims which the firm may have or may inure to it for overcharges resulting from antitrust violations as to goods, services and materials purchased in connection with the above referenced project are hereby assigned to the State of New Mexico, but only to the extent that such overcharges are passed on to the State. It is agreed that the firm retains all rights to any such antitrust claims to the extent of any overcharges not passed on to the State, including the right to any treble damages attributable thereto.

List of Subcontractors: (Please do not include suppliers) (Please DO include any Services subcontractors)

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

Name & License No. Address (City or County) Work to be performed Public Works Registration No.

If needed, copy this page in order to list more subcontractors.

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