40-35000-24-08760_40-35000-24-08760 NMBHI Forensic Facility RFP Final.pdf.PDF.crdownload

GSD/SPD Version 1.7 2022-08

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

Release Date: May 30, 2024

Mandatory Pre-Proposal Meeting June 25, 2024 at 1:00 PM

Proposal Due Date: July 18, 2024

3:00 PM

ELECTRONIC-ONLY PROPOSAL SUBMISSION

ii

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. BACKGROUND INFORMATION

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

E. PROPOSAL SUBMISSION

F. DEFINITION OF TERMINOLOGY

G. PROCUREMENT LIBRARY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue RFP

2. Acknowledgement of Receipt Form

3. Mandatory Pre-Proposal Conference

4. Deadline to Submit Written Questions

5. Response to Written Questions

6. Submission of Proposal

7. Proposal Evaluation

8. Selection of Finalists

9. Oral Presentations

10. Best and Final Offers

11. Finalize Contractual Agreements

12. Contract Awards

13. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors/Consent

5. Amended Proposals

6. Offeror’s Rights to Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

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 of Penalties iii

22. Agency Rights

23. Right to Publish

24. Ownership of Proposals

25. Confidentiality

26. Electronic mail address required

27. Use of Electronic Versions of this RFP

28. New Mexico Employees Health Coverage

29. Campaign Contribution Disclosure Form

30. Letter of Transmittal

31. Disclosure Regarding Responsibility

32. New Mexico/Native American Resident Preferences (Optional)

33. Substitution Requests in the Proposal Period (Optional)

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. ELECTRONIC SUBMISSION

C. PROPOSAL CONTENT AND ORGANIZATION

IV. SPECIFICATIONS

A. DETAILED SCOPE OF WORK

B. TECHNICAL SPECIFICATIONS

1. Past Performance

2. Project Staffing

3. Management Plan

4. Health and Safety

C. BUSINESS SPECIFICATIONS

1. Letter of Transmittal Form

2. Campaign Contribution Disclosure Form

3. Antitrust Claims

4. Bond Capacity Letter and Security Bonds

5. Oral Presentation

6. Cost

7. New Mexico/Native American Resident Preferences (if applicable)

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS

1. B.1 Past Performance (See Table 1) (200 Points)

2. B.2 Project Staffing (See Table 1) (120 Points)

3. B.3 Management Plan (See Table 1) (160 Points)

4. B.4 Health and Safety (See Table 1) (120 Points)

5. C.1 Letter of Transmittal (See Table 1)

6. C.2 Campaign Contribution Disclosure form (See Table 1)

7. C.3 Antitrust Claims (See Table 1)

8. C.4 Bonding Capacity Letter (See Table 1)

9. C.5 Oral Presentation (See Table 1)

10. C.6 Cost (See Table 1)

11. C.7. New Mexico/Native American Resident Preferences (Optional)

C. EVALUATION PROCESS

APPENDIX A

APPENDIX B

iv

APPENDIX C

APPENDIX D-1

APPENDIX D-2

APPENDIX E

APPENDIX F

APPENDIX G

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

ATTACHMENT E

ATTACHMENT F

ATTACHMENT G

ATTACHMENT H (1 & 2)

ATTACHMENT I

ATTACHMENT J

ATTACHMENT L

ATTACHMENT M

APPENDIX H

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of New Mexico Behavioral Health Institute (NMBHI) Forensic Facility project which entails construction of a new building.

B. BACKGROUND INFORMATION

The State of New Mexico, General Services Division (GSD), Facilities Management Division (FMD) manages the construction and repair of state-owned buildings, including annual appropriations from the Capital Building Repair Fund and projects for other state agencies. It is the intent of the State of New Mexico, General Services Department, Facilities Management Division to apply sustainable development concepts in the planning, design, construction, environmental management, operation, maintenance and disposal of facilities and infrastructure projects, consistent with applicable laws and budget requirements. FMD provides professional guidance in the development and construction management of capital project outlay requests including generation of project scope, estimates of project costs and contract administration.

FMD has identified a need to construct a new forensic facility for the New Mexico Department of Health at its New Mexico Behavioral Health Institute campus in Las Vegas, New Mexico. The existing facility has failed its accreditation and must be replaced. The need is dire.

C. SCOPE OF PROCUREMENT

Construction of an approximately 123,000 square foot behavioral health facility. Most of the building is single-story. The administrative wing is two stories. The work includes extensive site work with the construction of two parking lots, a perimeter road, retaining walls, and perimeter fences with gates.

This procurement shall be under the Competitive Sealed Proposals for Construction and Facility Maintenance, Services and Repairs rule per New Mexico Administrative Code (NMAC) 1.4.8 and will result in a single source award. This procurement will result in a contractual agreement between two parties; the procurement may ONLY be used by those two parties exclusively. The term of the Agreement may extend to eight years from date of the last signature if necessary.

The Maximum Allowable Construction Cost (MACC) for this project is $122,000,000 before NM Gross Receipt Taxes. For this proposal, the full funding is not available at this time. The base bid is intended to meet a partial MACC of $78,000,000. The alternates will be added in the future when additional funding is received.

D. PROCUREMENT MANAGER

The General Services Department (GSD) Facility Management Division (FMD) has assigned a Procurement Manager who is responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below:

Name: Peter Barrington, Procurement Manager Telephone: (505) 629-8936 Email: Peter.Barrington@gsd.nm.gov

1. Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding this procurement. Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the SPD.

2. Protests of the solicitation or award must be submitted in writing to the Protest Manager identified in Section II.B.13. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172 NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Protests submitted or delivered to the Procurement Manager will NOT be considered properly submitted.

E. PROPOSAL SUBMISSION

Submissions of all proposals must be accomplished via SPD’s eProNM electronic procurement system. Refer to Section III.B.1 for instructions.

F. DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

1. “Agency” means the State Purchasing Division of the General Services Department or that State Agency sponsoring this Procurement.

2. "Architect" means a member of the project team who is a New Mexico licensed architect and is responsible for the architectural services.

3. “Award” means the final execution of the contract document.

4. “Business Hours” means weekdays (Monday – Friday) 8:00 AM thru 5:00 PM

MST/MDT, whichever is in effect on the date given.

5. “Close of Business” means weekdays (Monday – Friday) 5:00 PM MST/MDT, whichever is in effect on the date given.

6. “Confidential” means confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act §§57-3-A-1 through 57-3A-7 NMSA 1978. See also NMAC 1.4.1.45. The following items may not be labelled as confidential: Offeror’s submitted Cost response, Staff/Personnel Resumes/Bios (excluding personal information such as personal telephone numbers and/or home addresses), and other submitted data that is not confidential financial information or that qualifies under the Uniform Trade Secrets Act.

7. “Contract” means any agreement for the procurement of items of tangible personal property, services, or construction.

8. “Contractor” means any business having a contract with a state agency or local public body.

9. “Determination” means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

10. “Desirable” – the terms ”may,” “can,” “should,” “preferably,” or “prefers” identify a desirable or discretionary item or factor.

11. “Electronic Submission” means a successful submittal of Offeror’s proposal in the eProNM system.

12. “Electronic Version/Copy” means a digital format consisting of text, images or both, readable on computers or other electronic devices, which includes all content that the Original document contains. The electronic version/copy CANNOT be emailed.

13. “Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

14. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

15. “Facility Management Division”, a Division within the New Mexico General Services Department.

16. “Final Award” means, in the context of this Request for Proposals and all its attendant documents, that point at which the final required signature on the contract(s) resulting from the procurement has been affixed to the contract(s) thus making it fully executed.

17. “Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee, as explained in Section II.B.8.

18. “Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

19. “Mandatory” – the terms ”must,” ”shall” ”will,” ”is required,” or ”are required,” identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offeror’s proposal.

20. “Minor Irregularities” means anything in the proposal that does not affect the price, quality and/or quantity, or any other mandatory requirement.

21. “Offeror” is any person, corporation, or partnership who chooses to submit a proposal.

22. “Owner” as defined in the Agreement Between Owner and Contractor shall be the Facilities Management Division of the New Mexico General Services Department

23. "Prime Contractor" means the New Mexico licensed contractor selected for this project by the Procuring Agency

24. “Procurement Manager” means any person or designee authorized by a state agency or local public body with the responsibility, authority, and resources to conduct the RFP procurement, make written determinations regarding the RFP procurement, and/or enter into or administer contracts as a result of the RFP procurement.

25. “Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions, and local public bodies allowed by law to procure items of tangible personal property, services or construction from the agreement(s) awarded as a result of this RFP. Facilities Management Division is the Procuring Agency for this RFP.

26. “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved, and project acceptance is given by the project executive sponsor.

27. “Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7 NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

28. “Request for Proposals (RFP)” means all documents, including those attached or incorporated by reference, used for soliciting proposals.

29. “Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his 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 described in the proposal.

30. “Responsive Offer” or means an offer 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, or delivery requirements.

31. “Sealed” means, in terms of electronic submission, an Offeror’s proposal and all accompanying documents has been completely and successfully uploaded into SPD’s eProNM system prior to the submission deadline stated in the RFP.

32. “Single Source Award” means an award of contract for items of tangible personal property, services, or construction to only one Offeror.

33. “SPD” means State Purchasing Division of the New Mexico State General Services

Department.

34. “Staff” means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.

35. “State (the State)” means the State of New Mexico.

36. “State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state.

“State agency” includes the Purchasing Division of the General Services Department and the State Purchasing Agent but does not include local public bodies.

37. “State Purchasing Agent” means the Director of the Purchasing Division of the General

Services Department.

38. “Statement of Concurrence” means an affirmative statement from the Offeror indicating its response to a required Section IV specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal, pursuant to Section III.C.1. (E.g. “We concur,” “Understands and Complies,” “Comply,” “Will Comply if Applicable,” etc.)

39. “Unredacted” means a version/copy of the proposal containing all complete information;

including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

40. “Written” means typed in standard 8 ½ x 11-inch document format, by common electronic means (such as Microsoft Word, Adobe PDF, etc.). A larger size document is permissible for charts, spreadsheets, etc.

G. PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in this document through your own internet connection. The library contains information listed below:

RFP, Questions & Answers, RFP Amendments, etc.

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

Other relevant links:

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

Electronic documents, plans, specifications, drawings etc. may be obtained from Albuquerque Reprographics. Printed sets or individual sheets will not be issued.

Electronic Documents may be obtained / reviewed at the following locations:

Albuquerque Reprographics 4716 McLeod Road NE Albuquerque NM, 87109 (505)884-0862

Construction Reporter www.constructionreporter.com

Construct Connect www.constructconnect.com

Dodge Construction Network www.construction.com

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule of events, the descriptions of each event, and the conditions governing this procurement.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

Action Responsible Party Due Dates

1. Issue RFP SPD May 30, 2024

2. Acknowledgement of Receipt

Form Potential Offerors June 18, 2024

3. Mandatory Pre-Proposal Conference

Agency June 25, 2024 1:00 PM MDT

4. Deadline to submit Written Questions

Potential Offerors July 3, 2024 9:00 AM MDT

5. Response to Written Questions

Procurement Manager July 11, 2024

6. Submission of Proposal Potential Offerors July 18, 2024 3:00PM MDT 7.* Proposal Evaluation Evaluation Committee July 23, 2024 8.* Selection of Finalists Evaluation Committee July 26, 2024 9 * Oral Presentation(s) Finalist Offerors August 1, 2024 10.* Best and Final Offers Finalist Offerors August 5, 2024 11.* Finalize Contractual

Agreements Agency/Finalist Offerors August 16, 2024

12.* Contract Awards Agency/ Finalist Offerors September 24, 2024 13.* Protest Deadline SPD +15 days

*Dates indicated in Events 7 through 13 are estimates only, and may be subject to change without necessitating an amendment to the RFP.

http://www.constructionreporter.com/ http://www.constructconnect.com/ http://www.construction.com/

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the Sequence of Events shown in Section II.A., above.

1. Issue RFP This RFP is being issued on behalf of the State of New Mexico, Facilities Management Division, General Services Department on the date indicated in Section II.A, Sequence of Events.

2. Acknowledgement of Receipt Form Potential Offerors may e-mail the Acknowledgement of Receipt Form (APPENDIX A), to the SPD buyer, Tami Concha, email Tami.Concha@gsd.nm.gov, to have their organization placed on the procurement Distribution List. The form must be returned to the SPD Buyer by 5:00 pm MST/ MDT on the date indicated in Section II.A, Sequence of Events.

The procurement distribution list will be used for the distribution of written responses to questions, and/or any amendments to the RFP. Failure to return the Acknowledgement of Receipt Form does not prohibit potential Offerors from submitting a response to this RFP.

However, by not returning the Acknowledgement of Receipt Form, the potential Offeror’s representative shall not be included on the distribution list and will be solely responsible for obtaining from the Procurement Library (Section I.G.) responses to written questions and any amendments to the RFP.

3. Mandatory Pre-Proposal Conference A pre-proposal conference will be held as indicated in Section II.A, Sequence of Events, in person. At least one representative from the Offeror’s company must attend the physical meeting in person. Others may attend remotely via the Microsoft Teams meeting below.

‘Teams meeting only’ presence will not count towards mandatory attendance.

Teams invite for ‘business’ portion of the meeting if others wish to attend remotely:

Meeting ID: 265 207 022 917 Passcode: cedbae Phone in: +1 505-312-4308,,223798254# United States, Albuquerque Phone conference ID: 223 798 254#

The physical (On-Site) Pre-Proposal Meeting will be held at 3695 Hot Springs Blvd Las Vegas, NM in the Meadows Building Aspen Dining Room.

The Official Site tour will occur after the ‘business’ meeting.

Subcontractors are welcome and encouraged to attend either via Teams if they want to get clarity on their part of the RFP submission package or in person if they want to see the site as well. One additional group site tour, for all potential Offerors, may be scheduled, via RFP amendment, if the need arises. Whether or not the additional group site tour is scheduled is at the sole discretion of the Agency.

tel:+15053124308,,223798254

Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Procurement Manager (see Section I.D). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All questions answered during the Pre-Proposal Conference will be considered unofficial until they are posted in writing. All written questions will be addressed in writing on the date listed in Section II.A, Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal conference.

4. Deadline to Submit Written Questions Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP until the date and time as indicated in Section II.A, Sequence of Events. All written questions must be addressed to the Procurement Manager as declared in Section I.D. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.

5. Response to Written Questions Written responses to the written questions will be provided via e-mail, on or before the date indicated in Section II.A, Sequence of Events, to all potential Offerors who timely submitted an Acknowledgement of Receipt Form (Section II.B.2 and APPENDIX A).

The Questions and Answers will be posted to:

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

6. Submission of Proposal At this time, only electronic proposal submission is allowed. Do not submit hard copies until further notice.

ALL PROPOSALS MUST BE RECEIVED BY THE PROCUREMENT MANAGER OR

DESIGNEE NO LATER THAN 3:00 PM MST/MDT ON THE DATE INDICATED IN

SECTION II.A, SEQUENCE OF EVENTS. NO LATE PROPOSAL CAN BE

ACCEPTED. The date and time of receipt will be recorded on each proposal. Proposals will be time-stamped in the system when the Offeror clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed in accordance with statute.

It is the Offeror’s responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this RFP. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Offeror, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE PROPOSAL

CAN BE ACCEPTED.

Proposals must be submitted electronically through SPD’s eProNM electronic procurement system. Refer to Section III.B.1 for instructions. Proposals submitted by facsimile, or other electronic means other than through the SPD electronic e-procurement system, will not be accepted.

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

Pursuant to §13-1-116 NMSA 1978, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals.

Awarded in this context means the final required state agency signature on the contract(s) resulting from the procurement has been obtained.

7. Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in Section II.A, Sequence of Events, depending upon the number of proposals received. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Selection of Finalists The Evaluation Committee will select finalists and the Procurement Manager will notify the finalist Offerors as per schedule Section II.A, Sequence of Events or as soon as possible thereafter. Finalists will be comprised of up to five (5) Offerors receiving the highest cumulative scores from Section IV Technical Specifications.

9. Oral Presentations Finalist Offerors, as selected per Section II.B.8 above, may be required to conduct an oral presentation at a venue to be determined as per schedule Section II.A., Sequence of Events, or as soon as possible thereafter. If Oral Presentations are held, Finalist Offerors may be required to make their presentations through electronic means (Microsoft Teams, Zoom, etc). The Agency will provide Finalist Offerors with an agenda and applicable details, including an invitation to the event. Whether or not Oral Presentations will be held is at the sole discretion of the Evaluation Committee.

10. Best and Final Offers Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers by as per schedule Section II. A., Sequence of Events or as soon as possible.

11. Finalize Contractual Agreements After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFP, as per Section II.A., Sequence of Events, or as soon as possible thereafter. The most advantageous proposal may or may not have received the most points. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the timeframe specified, the State reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

12. Contract Awards Upon receipt of the signed contractual agreement, the Agency Procurement office will award as per Section II.A., Sequence of Events, or as soon as possible thereafter. The award is subject to appropriate Department and State approval.

13. Protest Deadline Any protest by an Offeror must be timely submitted and in conformance with §13-1-172 NMSA 1978 and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172 NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15-calendar day protest period shall begin on the day following the notice of award of contract(s) and will end at 5:00 pm MST/MDT on the 15th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be directed to:

Dorothy Mendonca, State Purchasing Agent State Purchasing Division Dorothy.Mendonca@gsd.nm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance to be bound by the Conditions Governing the Procurement, Section II.C, and Evaluation, Section V, by completing and signing the Letter of Transmittal form, pursuant to the requirements in Section II.C.30, located in

APPENDIX E.

2. Incurring Cost Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

3. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a State Agency which may derive from this RFP. The State Agency entering into a contractual agreement with a vendor will make payments to only the prime contractor.

4. Subcontractors/Consent The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether subcontractors are used.

Additionally, the prime contractor must receive approval, in writing, from the agency awarding any resultant contract before any subcontractor is used during the term of this agreement.

A Subcontractor Listing Form is required as part of the Cost Proposal. Each Offeror shall complete the Subcontractor Listing Form found as Appendix D2. The Offeror may not change any of the firms listed for this project after submission of the proposal without the Owner’s consent. The Owner will consider any request for a change in the listed firms in conformance with the New Mexico “Subcontractors Fair Practices Act” (NMSA 1978, § 13-4-31 through 13-4-43. A proposal submitted by an Offeror who fails to comply with Section 13-4-34 A. or will be deemed non-responsive and not be accepted.

The Public Works Minimum Wage Act (NMSA 13-4-10 through 13-4-17) applies to this project. All contractors and subcontractors must be registered with the Labor Relations Division of the Workforce Solutions Department. NMSA 13-4-13.1 states that the State may not accept a bid/proposal from any prime contractor that does not provide proof of the required registration for itself. The Offeror’s registration number on the Cost Proposal Form will be checked with Division records for active registration. Prime Contractor registration must also be active during the time of proposal submission and evaluation. If registration has expired or does not exist during this time, the proposal shall be deemed non-responsive.

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. Agency personnel will not merge, collate, or assemble proposal materials.

6. Offeror’s 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 addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations, 1.4.1.5 & 1.4.1.36

NMAC.

7. Proposal Offer Firm Responses to this RFP, including proposal costs for services, will be considered firm for one hundred (100) days after the due date for receipt of proposals or one hundred (100) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

8. Disclosure of Proposal Contents The contents of all submitted proposals will be kept confidential until the final award has been completed by the Agency. At that time, all proposals and documents pertaining to the proposals will be available for public inspection, except for proprietary or confidential material as follows:

a. Proprietary and Confidential information is restricted to:

1. confidential financial information concerning the Offeror’s organization; and

2. information that qualifies as a trade secret in accordance with the Uniform

Trade Secrets Act, §§57-3A-1 through 57-3A-7 NMSA 1978.

b. An additional but separate redacted version of Offeror’s proposal, as outlined and identified in Section III.B.2.a, shall be submitted containing the blacked-out proprietary or confidential information, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal.

IMPORTANT: The cost 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 proprietary or confidential materials, the Agency shall examine the 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 proprietary or confidential information.

9. No Obligation This RFP in no manner obligates the State of New Mexico or any of its Agencies to the use of any Offeror’s services until a valid written contract is awarded and approved by 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 State of New Mexico.

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 terminations will be affected by sending written notice to the contractor. The Agency’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.

13. Governing Law This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal Only information supplied in writing by the Procurement Manager or contained in this RFP shall be used as the basis for the preparation of Offeror proposals.

15. Contract Terms and Conditions The contract between an agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in the Draft Contract Appendix H.

However, the contracting agency reserves the right to negotiate provisions in addition to those contained in this RFP (Draft Contract) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.

The Agency discourages exceptions from the contract terms and conditions as set forth in the RFP Draft Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Agency (and the Evaluation Committee), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.

Should an Offeror object to any of the terms and conditions as set forth in the RFP Draft Contract (APPENDIX H) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Draft Contract are not acceptable to the Agency and will result in 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.

If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

16. Offeror’s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the Agency. See Section II.C.15 for requirements.

17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the Agency and the Offeror selected 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 potential Offeror to adhere to the requirements specified within this RFP.

The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a Responsive Offer as defined in §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, as defined in Section I.F.19. 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.

20. Change in Contractor Representatives The Agency reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Agency, adequately meeting the needs of the Agency.

21. Notice of Penalties The Procurement Code, §§13-1-28 through 13-1-199 NMSA 1978, imposes civil, and misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

22. Agency Rights The Agency in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror’s proposal.

23. Right to Publish Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or agency contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

24. Ownership of Proposals All documents submitted in response to the RFP shall become property of the State of New Mexico. If the RFP is cancelled, all responses received shall be destroyed by the Agency or SPD.

25. Confidentiality Any confidential information provided to, or developed by, the contractor in the performance of the contract 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 Agency.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency's written permission.

26. 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. (See also Section II.B.5, Response to Written Questions).

27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the agency, the Offeror acknowledges that the version maintained by the agency shall govern. Please refer to:

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx or https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tap=PHX

28. New Mexico Employees Health Coverage A. If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: https://bewellnm.com.

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tap=PHX https://bewellnm.com/

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

29. Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form (APPENDIX B) as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official. Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

30. Letter of Transmittal Offeror’s proposal must be accompanied by a Letter of Transmittal Form (APPENDIX E), which must be signed by the individual authorized to contractually obligate the company, identified in #2 below.

Provide the following information:

1. Identify the submitting business entity; Name, Mailing Address, Phone Number, Federal Tax ID Number (TIN), and New Mexico Business Tax ID Number(BTIN, formerly CRS);

2. Identify the Name, Title, Telephone, and E-mail address of the person authorized by the Offeror’s organization to (A) contractually obligate the business entity providing the Offer, (B) negotiate a contract on behalf of the organization; and/or (C) provide clarifications or answer questions regarding the Offeror’s proposal content (A response to B and/or C is only necessary if the responses differs from the individual identified in A);

3. Identify any subcontractor/s that may be utilized in the performance of any resultant contract award;

4. Identify any other entity/-ies (such as State Agency, reseller, etc., that is not a sub-contractor identified in #3) that may be used in the performance of this awarded contract; and

5. The individual identified in #2 above, must sign and date the form, attesting to the veracity of the information provided, and acknowledging (a) the organization’s acceptance of the Conditions Governing the Procurement stated in Section II.C.1, (b) the organizations acceptance of the Section V Evaluation Factors, and (c) receipt of any and all amendments to the RFP.

Failure to submit a signed Letter of Transmittal Form (Appendix E) will result in Offeror’s disqualification.

31. Disclosure Regarding Responsibility A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;

2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for:

a. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

b. violation of Federal or state antitrust statutes related to the submission of offers;

or

c. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

3. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.

a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

c. Have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. The Contractor shall provide immediate written notice to the State Purchasing Agent or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.

32. New Mexico/Native American Resident Preferences (Optional) To ensure adequate consideration and application of §13-1-21 NMSA 1978 (as amended), Offeror must submit a copy of its valid New Mexico/Native American Resident Preference Certificate or its valid New Mexico/Native American Resident Veteran Preference with its proposal.